Working Whilst on ESA

Hello forum,

It’s been a while since I was here last, and I’m hoping someone may be able to help with a dilemma I have.

I’ve been on CB-ESA in the SG since 2010 and had my SG status renewed in Sept for another 2 years. I’ve got a variable condition, with good days and bad, but regardless I am housebound, often bedbound, and dependent upon my husband and mother who rotate carer duties.

I’ve had a great opportunity for some data analysis work come my way. This is from a previous client of mine prior to when I had to give up my business. They know the quality of my work, and are happy that I will only be able to undertake this project around my inconsistent capabilities.

It is computer based work which I can do from my desk or bed, and will be on a self-employed basis. If I manage the initial project satisfactorily, there is a possibility of further projects on an ad-hoc basis. The mental and physical activity involved in this work will most certainly cause me to have bad days, that’s just the nature of my illness. But with careful planning, I think I may be able to schedule the work around this.

I’ve spoken to a JobCentre Plus Adviser who told me the following:

If I come off my CB-ESA, I will not be able to get back on it again due to no NI for two years. I will not qualify for IR-ESA as hubby works >24 hours / week. I will therefore lose all entitlement to any ESA at all.

My work won’t fall under “permitted work” as I will earn over the set limit.

I could possibly come off my ESA to do the work, and providing I reapply before 13 weeks, I can go back onto my CB-ESA and carry on in the SG where I left off with the same amount of time till my next reassessment ie: Sept 2015.

My dearest hope is that my health will hold up sufficiently and I could find myself capable of working on a more regular basis that could justify me coming off ESA altogether, but the risks are:

1) As self-employed I need to have at least two contracts of work in a tax year, and I’m not sure if I’ll be able to find another company who will put work I can do like this my way.

2) Until I try this, I won’t know how I will cope, so I could be fine for 6 months and then end up in a severe and prolonged relapse with no hope of any ESA support.

3) I’m not sure just how long projects of work would come my way. There is no guarantee of regularity or longevity at this stage.

So my questions are this:

Q1: Is this 13-week rule correct? I can’t find any info about it on the internet!

Q2: If so, is it possible I could take on projects as they come along, come off my ESA for several weeks at a time to complete them, and go back on again before the 13 weeks are up, and then complete an annual Self Assessment to declare my earnings during the times I can work?

Any advice gratefully received ;o)

I have been told by a JCP Disability Employment Adviser that earnings can be averaged over a period of time, I can't for the life of me remember what that period of time is. The conversation took place regarding someone who is a trainer and he could earn £200 for running a one day training course but he would only run one of these every month or so. The DEA said that although he will earn more than the permitted earnings limit in one week he could average this income over the month. You may want to seek clarification about this from somewhere like Welfare Rights or CAB.

Thank you both for your input. The JCP DEA clearly got mixed up between 12 and 13 weeks. Just as well I clarified that here!

So, googling now for 12 weeks brings up information about “linking rules”. Is this what is being referred to about a return to a previous claim as opposed to starting a new claim?

My biggest concern is re-assessment. Not so much fear I won’t qualify (I’ve got so much documented proof now!!), I just can’t take the stress. Everyone dreads the ESA50s / WCAs etc, and I’m no different. So I specifically asked this question of the DEA and she assured me that no re-assessment takes place if you re-start your claim within the set period (which I now understand is 12 weeks).

Gordon – may I ask if your expectation that I will be re-assessed is based upon experience of others in this predicament, or are you taking a “worst case scenario” to warn me of the possible pitfalls?

When you say re-assessed do you mean ESA50 and then possibly ATOS medical / WCA - the whole shebang?

AaronL – I asked the DEA about spreading earnings and / or hours worked over a four week period but she indicated to me that was not allowed at all under permitted work, which put me out of that category again.

If I had periods of self-employment I would register properly so that my NICs were paid, but unless this is continues for two years, I’m aware I won’t qualify for CB-ESA if I had to start the application process all over again.

I find this terribly frustrating as I really want to be able to take this incredible chance but I can’t see how I can without jeopardising the safety blanket that my CB-ESA provides me. I fought long and hard to get into the SG, and the thought of going through it all again just because I want to try my hand at independence makes me weep.

I’d no way qualify for JSA. I wouldn’t even manage WRAG if I got back onto ESA as I cannot travel independently, have an assisted wheelchair as I’m incapable of self propulsion, and can’t undertake the sort of work related activities they expect of you. No one at JCP is going to help me find work that I can do from my home / bed that involves the skill set I’ve got that I can use within my limited physical capabilities.

All in all, it doesn’t sound very hopeful does it?! The system is stacked against me trying to help myself.

It seems my only choices are come off ESA and risk failing at self-employment and losing any entitlement to ESA ever again unless I manage to “work” for two years, or stay on it and turn down this opportunity. It is so illogical, but then when did logic ever play a part in the wonderful world of health-related benefits!

Final question - If I resign myself to taking the risk of coming off ESA, how likely is this to affect my DLA? I've a lifetime award of higher level for mobility can care. Is it likely I’ll be hauled through a reassessment of this even though I've had no improvement in my condition?

You are so right about mistakes by ATOS Gordon – the report I had following my one and only medical, which found me fit to work and put me in WRAG, was so inaccurate it was as though it had been written about a different person! I recall my GL24 appeal addressed every inaccuracy and ran to 25 pages. I then attached all the referenced and indexed supporting medical evidence and that was a further 45 pages. I’ve since used these documents twice for repeat ESA50s, backed up with new medical evidence showing further deterioration, and each time I’ve been put back in the SG without any query!

I couldn’t have coped with any of the paperwork involved in this process without the support and advice from B&W. You, your colleagues and this site is nothing short of a lifeline to us all.

Thank you so much