Permitted work in the support group of ESA

Laika wrote: Hi,

I’m looking for some clarity concerning permitted work when in the Support Group for ESA (income related). After a year of being allowed to do permitted work at the higher rate (not supported), in order to continue at the higher rate after this, must the work then be supported?

I have been contacted by the DWP requesting this, but have found information to the contrary on the UK disability rights site that permitted work (not needing to be supported) can be done indefinitely when in the Support Group. (My income is very low, fluctuates and has rarely gone above the lower rate but having permission to earn more is helpful.)

Also, does anyone know if permission needs to be sought annually to do permitted work at the higher rate?

Thank you very much for your help.

I cannot give you a definitive view as I do not know how. and indeed if. the ESA Regulations 2008 have been amended in regard this subject, however as presented Regulation 45.4(b) appears to cover Permitted work while in the Support Group.

Exempt work

45.—(1) The categories of work referred to in regulation 40(2)(f) are set out in the following paragraphs.

(4) Work which is done for less than 16 hours a week, for which earnings in any week do not exceed £88.50 and which—

(b) done by a claimant who has or is treated as having limited capability for work-related activity.

www.legislation.gov.uk/uksi/2008/794/regulation/45/made

There is no limit to the period that PW can be carried out nor is there a requirement for the PW to be Supported in these circumstances.

However, this does not mean that you ignore a request from the DWP for information, also, while you do not need permission from the DWP to carry out PW, only a DWP Decision Maker can decide that the work you are doing is PW.

So my recommendation is that you respond to the DWP request as completely as you are able.

Gordon

Laika wrote: I just wanted to update this post in case anyone else is in the same boat. I finally heard back from the DWP today via letter to confirm that they had made an error, and that permitted work at the higher income threshold can be done indefinitely if in the support group (as long as permission has been gained by them to start it.)

Thank you again for your reply. It gave me the added confidence to contact the DWP and query their information.

I am glad it worked out for you.

Gordon