Another permitted work thread

This time it’s different…

Cl claims ESA whilst doing some PW, 78 weeks later they still haven’t assessed her and remembered that she told them that she’s doing permitted work and have sent out a PW7 inviting decreased earnings or closing the claim down. It’s somewhat late so in current circumstances the claim should die however…

I’ve got enough medical evidence to get her into the Support Group and reg 45 (4)(b) tells us that where she’s got LCWRA the work can continue indefintely.

The essential question is whether there is a bar to having LCWRA before the assessment?

I can’t see one and in making the determination whether the PW upper limit applies it is incumbent on the DM to ask whether she has LCWRA.

So, in a nutshell my stand is that the DM must make the LCWRA determination at week 52 otherwise he can’t supersede the award decision to terminate the claim otherwise.

Does that sound right? My heads spinning a bit with this one.

3 quick questions - has your cl actually had a decision re PW yet? In my cl’s case ESA was stopped but no decision made until after PW7 received. Also did your cl complete a PW1 form at start of claim? Finally how has DWP suddenly woken up to position re PW?

No decision ‘re PW, just an enquiry form, work was certainly declared at the start of the claim. No it hasn’t stopped yet but it’s imminent.

I’d be interested to know if your cl completed a PW1 at the beginning of their claim or, like my cl, simply disclosed work when making telephone claim so that it appears on the ESA Customer statement.