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Offered work but only 16hrs a week

  • Mike
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12 years 9 months ago #58669 by Mike
I have sent off my ESA but in the meantime have found a company who are interested in either employing me or being self employed but only for 16 hrs a week, where do i phone first, Jobcenreplus, DWP, or do i sit tight and await the outcome of the ESA application. I am on Income Support,Middle rate care component and Higher rate mobility.
I dont feel i could do a full days work at the moment and the pain clinic consultants agree that it should be built up very gradually but knowing the problems encountered on this forum by other users anything could happen at the jobcentre,dwp.
Thanks
Mike-j-j

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12 years 9 months ago #58671 by Gordon
Replied by Gordon on topic Re:Offered work but only 16hrs a week
Mike

From a quick look at your previous posts, you are currently receiving IB, but are being transferred to ESA.

You need to be aware that the Linking Rules for IB were rescinded earlier this year, which would mean that if this return to work was unsuccessful you would have to make a new claim for ESA. This would mean you would loose any Transitional Protection that you might have been eligible for as part of the transfer.

Obviously if you feel capable of working for 16 hours and you see it as your long term goal, you should certainly make every effort, but please keep the above in mind.

In answer to your question, you must inform the DWP before starting any work.

Gordon

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  • Mike
  • Topic Author
12 years 9 months ago #58684 by Mike
Replied by Mike on topic Re:Offered work but only 16hrs a week
Thank you gordon, so are there any calculators avaiable on this forum to work out how it will affect my benefits as i thought that no one would be worse off by accepting work or is that a lie from the Govt also.
Do i also ask DWP outright if i will still have the Transitional Protection if i go ahead with it.
Mike-j-j

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12 years 9 months ago #58689 by Gordon
Replied by Gordon on topic Re:Offered work but only 16hrs a week
Mike

I think you misunderstood my post, apologies if it is badly worded.

The Linking Rules allow someone who has returned to work to re-claim a benefit without delay if they subsequently find that they cannot manage.

The IB Linking Rules were rescinded in Januray 2011, this means that having stopped your IB claim to work, you can longer re-claim IB, but would have to make a new claim for ESA.

It is the fact the ESA claim would be new that is the problem. The Transitional Protection I mentioned only covers claimants where there is a continuous claim when they are transferred to ESA from IB.

Furthermore, by stopping your IB claim to return to work, you also cancel any Transitional Protection you might have received.

These points are not a reason that you should cancel your plans, but are something you should factor in when making your decision.

Hope I've explained it better this time.

Gordon

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12 years 9 months ago #58690 by s.jmoore@blueyonder.co.uk
Replied by s.jmoore@blueyonder.co.uk on topic Re:Offered work but only 16hrs a week
Sorry to jump in but can anyone tell me what exactly Transitional Protection means in real terms for someone already claiming IB and being moved to ESA?

Also as far as the original poster is concerned If you do want to work 16 hours you would be eligible for working tax credits If you also apply for the disability element and imo it would be a neat way of getting away from the clutches of the ATOS medicals for a little while at least.

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12 years 9 months ago - 12 years 9 months ago #58691 by Gordon
Replied by Gordon on topic Re:Offered work but only 16hrs a week
Just Me wrote:

Sorry to jump in but can anyone tell me what exactly Transitional Protection means in real terms for someone already claiming IB and being moved to ESA?

The Government have said that no one will be worse of as a result of being transferred to ESA from IB.

Excluding the issue of ESA(CB) being liable to tax, this means that if your current IB payments at the time of your transfer are greater than what you would receive on ESA, then you will receive a Transitional Payment to make up the differemce.

If your IB payments are less than the rate of ESA, then you will recieve the ESA rate on transfer.

If you receive a Transitional Payment, then every year it will be re-evaluated against the then current ESA rate until the difference is eroded. Transitional Payments are guaranteed until 2020.

Hope this explains it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 9 months ago by Gordon.

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