ESA Support Group, time limited permitted work?

Hello all,

I'm in the ESA Support group. I do 'Permitted work' up to the higher limit, of averaging £101/week, less than 16 hours a week (mostly giving talks about my experience of schizophrenia).

I have just had a letter from the DWP saying that I will not be able to do permitted work and still get my ESA. I phoned up, and they said that this is because of the 52 week time limit on higher rate permitted work.

I do not think this is correct. The Benefits and Work guide says that I can do higher rate permitted work (up to £101/week) for as long as I want if I am in the ESA support group. So do several other sources, but I can't find anything 'official' on a Government site saying this.

Please can someone tell me what the correct answer is?

I have also had a letter today saying that they are going to stop paying me any ESA from tomorrow until this is sorted out, so I am very worried.

Thank you for reading.

Hi D,

I agree with Gordon,

There should be no 52 Week time limit if you are in The SG.

Further information can be found below :

Work for people living with disability or health conditions.

As Gordon states, it is covered by ESA Reg 45. (4) (b) reiterated by ESA Reg 40. (2) (f).

bro58

Hi D,

For clarity,

Limited Capability for Work Related Activity (LCWRA) = The SG.

bro58

You are completely and utterly amazing, thank you so very much!


I'm writing down what has happened so far, for my notes as much as anything.

Called yesterday. Front line staff very insistent I was wrong. He said he'd spoken to three other people THAT DAY in my situation, and told them all that their permitted work was time limited. Eventually agreed to get second line to call me back this morning. They didn't.
Called up again this afternoon when I got letter about them stopping my ESA altogether because of this. Front line person said they had no record that I was due a call back, kept telling me I was wrong, eventually agreed to a call back.
Second line person continued to tell me I was wrong, said I wouldn't get paid ESA while I appealed, when I asked what I was supposed to live on he said 'Up to you' and 'foodbank'.
I posted on the extremely excellent Benefits and Work forum which I cannot possibly recommend enough. Someone there got back to me with the exact bits of the Decision Maker's Handbook and the ESA regulations to quote.
I call the DWP again. Front line person continues to tell me I am wrong. Is very confused when I read out the bit of the Handbook & the ESA regs, but continues to insist I am wrong. Agrees eventually to get me a call back from second line. Tells me that this will be either before 5pm today, or on Monday morning. I point out that I only go the letter telling me that my ESA will be stopped TODAY this afternoon. She says it still might be Monday before they phone me back.

This means the DWP are systematically lying to, misinforming people in the Support group about Permitted Work rules. I hate the DWP so much.

Duck wrote: You are completely and utterly amazing, thank you so very much!


I'm writing down what has happened so far, for my notes as much as anything.

Called yesterday. Front line staff very insistent I was wrong. He said he'd spoken to three other people THAT DAY in my situation, and told them all that their permitted work was time limited. Eventually agreed to get second line to call me back this morning. They didn't.
Called up again this afternoon when I got letter about them stopping my ESA altogether because of this. Front line person said they had no record that I was due a call back, kept telling me I was wrong, eventually agreed to a call back.
Second line person continued to tell me I was wrong, said I wouldn't get paid ESA while I appealed, when I asked what I was supposed to live on he said 'Up to you' and 'foodbank'.
I posted on the extremely excellent Benefits and Work forum which I cannot possibly recommend enough. Someone there got back to me with the exact bits of the Decision Maker's Handbook and the ESA regulations to quote.
I call the DWP again. Front line person continues to tell me I am wrong. Is very confused when I read out the bit of the Handbook & the ESA regs, but continues to insist I am wrong. Agrees eventually to get me a call back from second line. Tells me that this will be either before 5pm today, or on Monday morning. I point out that I only go the letter telling me that my ESA will be stopped TODAY this afternoon. She says it still might be Monday before they phone me back.

This means the DWP are systematically lying to, misinforming people in the Support group about Permitted Work rules. I hate the DWP so much.

Hi D,

When you get to talk to the right person, cite that it is covered at Paragraph 41212 of Chapter 41 of the Decision Makers Guide, and under ESA Reg 45. (4) (b) reiterated by ESA Reg 40. (2) (f).

If they still insist that you are wrong, request their name and department/benefits office, and inform them that you will be making an official complaint to The DWP and your M.P.

Complaining to The DWP

Contacting your MP

Good luck and please return to provide an update.

bro58