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Artist fulfilling professional practice

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8 years 9 months ago - 8 years 9 months ago #137998 by Iamawindsurfer
Artist fulfilling professional practice was created by Iamawindsurfer
Can an artist work at home whilst in reception of ESA and PIP? I want to satisfy my creative talents, and am not entirely sure this falls within any category of DWP. I have degrees and qualifications, but have rheumatoid arthritis, collagenous colitis, anxiety and depression. I am allergic to all medication and this makes life even more of a struggle. So I work spasmodically as my energies allow. This work isn't 9-5. I have hit an impasse recently when I was given the opportunity to submit drawings for a one off commission. The preparatory drawings were accepted and I produced subsequent design which was going to be paid for. As soon as Si did the right thing, and declared the activity the job centre were cross and said that I had started earning money without permission. I was quite red with indignation, and had to squirm and wriggle with the forms and declarations to put them straight. I do not find that my health issues or high level of training fall into any of the categories they list. I already do voluntary work at a kids craft club, but this is far below my skill level. I want to progress my work in a minuscule way as the quality is excellent, but I am held back by the regulatory measures which don't allow me to thrive. Please can you help me. How can I live and breathe as a creative individual, brilliant, but disabled?
Last edit: 8 years 9 months ago by .

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8 years 9 months ago - 8 years 9 months ago #138005 by

Iamawindsurfer wrote: Can an artist work at home whilst in reception of ESA and PIP? I want to satisfy my creative talents, and am not entirely sure this falls within any category of DWP. I have degrees and qualifications, but have rheumatoid arthritis, collagenous colitis, anxiety and depression. I am allergic to all medication and this makes life even more of a struggle. So I work spasmodically as my energies allow. This work isn't 9-5. I have hit an impasse recently when I was given the opportunity to submit drawings for a one off commission. The preparatory drawings were accepted and I produced subsequent design which was going to be paid for. As soon as Si did the right thing, and declared the activity the job centre were cross and said that I had started earning money without permission. I was quite red with indignation, and had to squirm and wriggle with the forms and declarations to put them straight. I do not find that my health issues or high level of training fall into any of the categories they list. I already do voluntary work at a kids craft club, but this is far below my skill level. I want to progress my work in a minuscule way as the quality is excellent, but I am held back by the regulatory measures which don't allow me to thrive. Please can you help me. How can I live and breathe as a creative individual, brilliant, but disabled?


Hi lws,

Welcome to Benefits and Work :)

To start, PIP is an "in work benefit" and many PIP recipients are able to hold down a full time job whilst also receiving PIP.

The important factor to take into account is whether the activities involved in any such employment are in direct contradiction to the limitations and disabilities that gave you the PIP award.

On the premise that they are not, there is nothing legally to stop a PIP recipient "Working".

With respect to ESA, this is an "out of work benefit" and you are awarded it for having Limited Capability for Work (LCW) (being unfit for work) and/or having Limited Capability for Work Related Activity. (LCWRA)(also being unfit for Work Related Activity)

Being assessed as having LCW places one in The WRAG of ESA, whilst being assessed as also having LCWRA places one in The Support Group (SG) of ESA.

Therefore, although you cannot hold down a "proper job" whilst in receipt of ESA, they do have something called "Permitted Work".

An ESA recipient can carry out Permitted Work, but they must inform the DWP first, and only The DWP can decide whether any work that you potentially intend to carry out will be classed as "Permitted Work" !!

There are stringent limits with the hours that you can work and the amount that you can earn under Permitted Work.

See the following : Permitted Work

Work for People Living with Disability or Health Conditions.

There is further guidance on Permitted Work under the heading "Permitted work
A guide to doing permitted work whilst claiming ESA or incapacity benefit."
5th link down : This Page.

You should be aware that even though an ESA recipient may be allowed to carry out Permitted Work, the ESA Assessor will be aware that they are doing so at their next ESA reassessment and will take this into account as part of the assessment.

Of course, there should be nothing to stop your artistic skill continuing as a Hobby !!

bro58
Last edit: 8 years 9 months ago by .

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8 years 9 months ago #138082 by Iamawindsurfer
Replied by Iamawindsurfer on topic Artist fulfilling professional practice
Hi, your detailed reply was very useful. I still have a couple of queries though! I understand that a DWP week runs from Sat-Sun which means there is no spare time to do hobbies if they may lead to any payment....

The notes on work from job centre seem to make assumption that work is done on another premises, once you produce a sculpture or a painting then it becomes work. But creative expression doesn't work like this.

And do you know what a Supercession decision is? It is mentioned if you need a decision looked at again by DWP.

I understand that housework and looking after my child doesn't count as work. I have a few hours in a day when my energies allow my domestic responsibilities to be done. But what about my responsibilities to myself, after years of art training? It does seem unfair that Practising my art isn't currently permissible unless with a voluntary organisation, although it helps my self esteem and stops me getting depressed! I am talking about quality work here, do I have a blockage, is creative expression somehow sidelined and not being looked at properly? The rules don't seem to encourage creative individuals to thrive, after all, we are made differently to other people!

Perhaps I should start looking for an art gallery to sponsor me, or help me out with some kind of encouragement! But emerging from illness with a good talent that may reasonably earn me money in the future, is not really applicable to the DWP framework. It's all very frustrating. Bad enough being ill, but ideas are now flowing! Can you have a think and come up with anything further? Very kind and MUCH appreciated.

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8 years 9 months ago #138104 by Gordon
Replied by Gordon on topic Artist fulfilling professional practice
Iamawindsurfer

Forgive me but I am not sure what you mean by "a DWP week runs from Sat-Sun"? The DWP operate a 7 day week, I haven't been able o find out whether this starts on a Sunday or a Monday.

A supersession is where an existing award is changed due to a Change of Circumstances, new Decision will be made that replaces the original one.

I'm afraid the rules for Permitted Work are restrictive although a Decision Maker does have the discretion to average hours worked and earnings across longer periods of time if they believe it is reasonable to do this. However, you cannot assume that they will do this and you must have it in writing that they will, before exceeding the normal limits.

Whilst I can appreciate that your creative expression may not be restricted by artificial limitations it is very important that you understand that exceeding those limits can result in your ESA claim being closed.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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