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Permitted Work and College
- gothicmum
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My daughter is currently getting IB and DLA care high, mobility low.
She recently returned her ESA50 and we are awaiting the outcome of it, with the expected (hopeful) outcome of being placed in the support group.
In the meantime, she has started an access further education course at college which should give her the foundation to apply to university in future years (she left school with no qualifications).
Her course is classroom based and has 18 hours of classes a week. We phoned up DWP to inform them and they said it all sounded fine and should not effect her claim, but yesterday she has been sent a PW1 Permitted Work Form with "Please add details of your college course" handwritten on it.
Having a look through the form, it is completly irellevant to doing a college course; she is not employed and does not get any earnings - any advice of what we should do?
We tried calling yesterday, but after 30 min in the q to be answered the phone cut off as the office shut!
Any help would be appreciated.
Many thanks
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- Gordon
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I would agree with you that at first glance the PW1 form has nothing to do with your daughters situation, however, the DWP can be quite prissy about having forms returned to them, and have been known to stop payments if they are not, so I would recommend that you complete it as best you can, although I would continue to try and contact them, I understand that calling before 9am can be successful.
It is possible that there is not a more appropriate form and that is why a PW1 has been sent.
Is she receiving a grant towards her college course as this will be counted as income? Whether this is relevant to her situation I am afraid I do not know.
Also, whilst her doing this course is not in itself reason to deny her ESA clam, you should be aware that there will be assumptions as to her capabilities in regard to the ESA Descriptors, which may cause issues. Of course, if you have dealt with these when completing then form or there is no overlap between what she does on the course and her stated limitation, then this should not be a problem.
Gordon
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- gothicmum
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One of our main concerns was the fact she would be signing a legal declaration on a form called 'Permitted Work' when that is not what she is doing - we will suggest sending in a letter detailing instead if we can manage to get through - unfortunately the only time me or her husband is able to assist her with phoning is about 5.30PM...
She will be in receipt of a small bursary (£11 per week) for transport costs (which she will be using for a taxi to a support group every fortnight).
I think we have hopefully covered our bases with regards to the descriptors (all mental health) and what the course entails, albeit the college course was not mentioned on the ESA50 as it was not confirmed at the time.
Some of the main descriptors I can think of relate to college are going places on her own and meeting new people, however she is accompanied out of the flat each day (something she has difficulty with) she travels there on her own, but it is somewhere she is familiar with having previously done a one year part-time course at the same campus,. She also already knew some people on the course prior to starting who are able to help her, as well as support mechanisms with the college that we are currently arranging.
This course is a very big step for her, and we really don't know how it will go, but hopefully with support and without further stress from DWP she will make a good effort at it.
Thanks
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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Good luck.
Jim
retired Welfare Rights Lawyer, and former Social Security Tribunal Member.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- gothicmum
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We have been advised to write a letter with information about the college course and include the PW1, along with an explanation that it is not relevant for her circumstances.
Not sure if we should just give information on course title, subjects, that it is only classroom and home based study and number of hours, or should expand? The note only said 'Please give details on college course'
Many thanks
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- Gordon
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gothicmumScott wrote: Thank you both, we managed to get through on the phone last night and basically we have been sent that form as "They ran out of the correct form or didn't have a suitable one"...!
We have been advised to write a letter with information about the college course and include the PW1, along with an explanation that it is not relevant for her circumstances.
Not sure if we should just give information on course title, subjects, that it is only classroom and home based study and number of hours, or should expand? The note only said 'Please give details on college course'
Many thanks
I would give the details you mention in your post and provide a link to the course itself so that they can get any further information they need.
Gordon
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