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ESA Support Group, time limited permitted work?
- Gordon
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9 years 9 months ago #123432 by Gordon
Duck
Going back to your first post you say "averaging £101/week" is this averaging accepted by the DWP? If it was not then this may be why you are having this problem, as any single week where you exceed the Upper Limit for earnings will count as remunerative work and will result in your ESA being closed.
If this is not the case and the issue is purely a supposed 12 month limit, then I can only suggest you reference DMG 41212 when you manage to speak to someone in authority.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Support Group, time limited permitted work?
Duck wrote: I've had another PW7 form yesterday from the DWP saying again that 'my period of permitted work will end' [has ended], and they have stopped my ESA backdated to the 14th June, and so my Housing Benefit has also stopped. I am very unimpressed!
Spent more than an hour on hold today, had another pointless argument with someone who kept saying 'I don't know', been promised a call back tomorrow morning. What should I do? Keep quoting Paragraph 41212 at them again?
Really fed up with this!
Duck
Going back to your first post you say "averaging £101/week" is this averaging accepted by the DWP? If it was not then this may be why you are having this problem, as any single week where you exceed the Upper Limit for earnings will count as remunerative work and will result in your ESA being closed.
If this is not the case and the issue is purely a supposed 12 month limit, then I can only suggest you reference DMG 41212 when you manage to speak to someone in authority.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 9 months ago #123433 by Duck
Replied by Duck on topic ESA Support Group, time limited permitted work?
The DWP haven't said they have any problems with the averaging. So I suppose I just have to keep quoting Para 41212 at them when they phone me back tomorrow. So fed up!
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9 years 6 months ago #125547 by Duck
Replied by Duck on topic ESA Support Group, time limited permitted work?
Reporting back in case this helps anyone else. After 4 months, the decision maker finally agreed that paragraph 41212 did exist, and did say that I could do permitted work indefinitely at the higher limit whilst in support group.
During that 4 months, I got no ESA and had to do a lot of arguing to keep my Housing Benefit. I've now had ESA back pay of about £2k, thanks very much to you all for helping. I might not get back all the Housing Benefit I missed out on though.
This week they've sent my DLA to the decision maker though, so it's swings and roundabouts as ever.
During that 4 months, I got no ESA and had to do a lot of arguing to keep my Housing Benefit. I've now had ESA back pay of about £2k, thanks very much to you all for helping. I might not get back all the Housing Benefit I missed out on though.
This week they've sent my DLA to the decision maker though, so it's swings and roundabouts as ever.
The following user(s) said Thank You: slugsta
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9 years 6 months ago #125550 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Support Group, time limited permitted work?
Duck
You may want to not rock the boat anymore, but this was clearly an official error so you can make a complaint to the DWP for compensation, especially if you have incurred any additional costs such as bank charges.
Also, don't give up on the HB, contact your Local Authority to tell them that your ESA has been put back into payment from the date it was stopped due to a DWP OE.
Gordon
You may want to not rock the boat anymore, but this was clearly an official error so you can make a complaint to the DWP for compensation, especially if you have incurred any additional costs such as bank charges.
Also, don't give up on the HB, contact your Local Authority to tell them that your ESA has been put back into payment from the date it was stopped due to a DWP OE.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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