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Permitted work while under ESA support group
- Eric Littman
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9 years 11 months ago - 9 years 11 months ago #120894 by Eric Littman
Permitted work while under ESA support group was created by Eric Littman
This is my first time on the forum so please forgive me if information already exists somewhere and I have missed it. I have major depression and bi polar 2. At 59 years of age I secured 3 shifts weekly with a 4 hour minimum requirement at the Royal Opera House Covent Garden. This is exactly the kind of role suited to my capabilities and as close as possible to the guidelines. My support has been stopped and I now need to re apply as I have exceeded the hours and have earned from about £105 to £127 weekly. I now have cancer and will be leaving to enter hospital but I have been told that I can come back to work if I get well. It's taken a huge effort to get the job but the joy has turned into a nightmare from hell. When applying for this work I ticked DISABILITY on my application form so I was doing everything in my power to prove my reliability and ability to perform my duties. What possible chance would I have had if I had dictated to the Royal Opera House the exact hours and earnings. I was under the impression that things could be averaged out. Now that I have proved myself and with cancer my boss has told me that I could return on one or two shifts weekly instead of their minimum 3. I hope that this explains the crux of my situation. For being pro active and honest with the department all you get is grief. I was even told this afternoon that I could not speak to a person at my local job centre and was directed to the phone. I hope the cancer kills me.
Thank You
Eric
Thank You
Eric
Last edit: 9 years 11 months ago by Gordon.
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- Gordon
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9 years 11 months ago - 9 years 11 months ago #120901 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Permitted work while under ESA support group
EL
It is not entirely clear from your post whether you notified the DWP about your work and whether they confirmed it was acceptable as Permitted Work, if it was not then your earnings are irrelevant, you are classed as being in remunerative work and therefore not entitled to ESA.
If it was accepted as PW then you still have few options as there is little room for manoeuvre in regard the Permitted Work rules, whilst you appear to have met the hours rule of less than 16 hours per week, you appear to have exceed the Upper Income rule of £99.50/week (2012-13 rate. The DWP can do some averaging of your pay but only within framework of the hours that you normally work, so if you regularly work 3 weeks of 10 hours and 1 week of 12 hours then it reasonable to expect them to average the total of 42 hours over a four week period.
It is not clear from your post if this is the case, or you simply earned more than the maximum allowed, if you did then you are classed as being in remunerative employment and are no longer entitled to ESA. Whilst you can appeal on the basis of the facts that led to the Decision you cannot appeal the outcome.
Further, whilst doing PW should not lead to a re-assessment of your award, your doing PW will be considered as part of a re-assessment of your claim and if the PW that you are doing contradicts your stated limitations on the ESA50 it can lead to a reduced award or even a Fit for Work Decision.
You can make a new claim for ESA. If you have sufficient NI Contributions in the Tax Years 2011-12 and 2012-13 then this can be for Contribution Based ESA, if you cannot meet the NIC requirements then it will be for Income Related ESA.
You don't say when you last applied for ESA but the rules regarding some Cancer treatments have changed and you should review our latest guides about these and how to complete a new ESA50.
www.benefitsandwork.co.uk/help-for-claimants/esa
If at some point you feel well enough to do PW again, then you must stay within the rules or your claim will be closed again.
Finally, in case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Gordon
It is not entirely clear from your post whether you notified the DWP about your work and whether they confirmed it was acceptable as Permitted Work, if it was not then your earnings are irrelevant, you are classed as being in remunerative work and therefore not entitled to ESA.
If it was accepted as PW then you still have few options as there is little room for manoeuvre in regard the Permitted Work rules, whilst you appear to have met the hours rule of less than 16 hours per week, you appear to have exceed the Upper Income rule of £99.50/week (2012-13 rate. The DWP can do some averaging of your pay but only within framework of the hours that you normally work, so if you regularly work 3 weeks of 10 hours and 1 week of 12 hours then it reasonable to expect them to average the total of 42 hours over a four week period.
It is not clear from your post if this is the case, or you simply earned more than the maximum allowed, if you did then you are classed as being in remunerative employment and are no longer entitled to ESA. Whilst you can appeal on the basis of the facts that led to the Decision you cannot appeal the outcome.
Further, whilst doing PW should not lead to a re-assessment of your award, your doing PW will be considered as part of a re-assessment of your claim and if the PW that you are doing contradicts your stated limitations on the ESA50 it can lead to a reduced award or even a Fit for Work Decision.
You can make a new claim for ESA. If you have sufficient NI Contributions in the Tax Years 2011-12 and 2012-13 then this can be for Contribution Based ESA, if you cannot meet the NIC requirements then it will be for Income Related ESA.
You don't say when you last applied for ESA but the rules regarding some Cancer treatments have changed and you should review our latest guides about these and how to complete a new ESA50.
www.benefitsandwork.co.uk/help-for-claimants/esa
If at some point you feel well enough to do PW again, then you must stay within the rules or your claim will be closed again.
Finally, in case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 11 months ago by Gordon.
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