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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Permitted work and separate clams for ESA

PCLC
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Benefits Supervisor - Plumstead Law Centre, London

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Total Posts: 240

Joined: 16 June 2010

Saw client last week.Client is working 8 hours pw. Was on ESA but this was stopped on 17/11/12. She had no idea why, no letters. We delved and were told it was because her 52 weeks period of permitted work had expired (she does not fit into the other categories for permitted work) in May 2012. She has an overpayment which we are defending.

She then claimed JSA until making a fresh claim for ESA on 18/02/13.

Will she get another 52 week period of permitted work?

Many thanks…

Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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Total Posts: 456

Joined: 7 January 2013

Not an expert on this so may be worth holding out for second opinion but reg 45(4)(a)ii seems to support another fresh period of permitted work as claimant has ceased to be entitled to the relevant benefit for 12wks+