× Members

ESA permitted work

More
6 years 2 months ago #225774 by craigd
ESA permitted work was created by craigd
Hi

My partner is in the support group for ESA. She has Paranoid Schizophrenia and as part of her treatment her consultant has always encouraged her to engage with art as a means of therapy. Recently she has had some interest from companies in purchasing some of her artwork. This has come about through word of mouth and hasn't involved any promotion or advertisement on her part (she has never viewed it as a business) As a result she has been considering applying to be allowed to do Permitted Work. Obviously she's a bit apprehensive about how this may be viewed by the DWP and is concerened that it may generate a new Work Capability Assesment.

We're just trying to establish how this might develop with regards to the DWP so that she can decide whether it would be worth the hassle and anxiety that might follow.

She was assessed for and migrated to PIPS last year (higher care component and lower mobility, phone interview only), as part of the application her Consultant provided a letter outlining her condition and as part of that talked of her engagement with art for therapeutic reasons and how much this benefited her so the DWP are definitely aware of this.

From memory her last Work Capability Assesment was in 2016 where she was maintained in the Support Group. She wasn't required to attend a face to face interview, paper assessment only.

Does anyone have any advice and/or experiences of applying to do permitted work and what she might expect given the circumstances outlined?

many thanks

Please Log in or Create an account to join the conversation.

More
6 years 2 months ago #225793 by Gordon
Replied by Gordon on topic ESA permitted work
Craig

There is a guide to Permitted Work in the ESA section, there are restrictions on the hours that she can work; less than 16 hours a week and her income £125.50 a week, it sounds like she will have to speak to the DWP about getting her income averaged.

However, your biggest concern should be whether her doing this would be at odds with the reasons that she receives ESA in the first place, this will be a particular issue if she qualified through the Substantial Risk rules, see the current ESA Claim guides for a list of the Work Related Activities that a claimant might be asked to do, if any of these overlap with the work she needs to do o produce her artwork then there could be a problem.

Gordon

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

Please Log in or Create an account to join the conversation.

More
6 years 2 months ago #225804 by craigd
Replied by craigd on topic ESA permitted work
Thanks for that Gordon

However I'm not sure about how I establish if she qualified through the Substantial Risk rules, I assume not but how would I go about establishing this?

As for the Work Related Activities do you mean things such as:Learning how to do tasks; Awareness of hazards and danger; Starting and finishing tasks etc.? (sorry if I'm being a bit dense here!) If so I don't think that how she produces her artwork would overlap with any of these.

In essence she sits in the house and draws patterns, my brother who works in the games industry has seen some of these and has said that the company that he works for may be interested in purchasing some of this work. It would be on a purely ad hoc basis in that they would purchase her work if they liked it so there would be no onus on her to work to deadlines or interact with anyone at the company or for that matter my brother. As said the DWP have always been aware that she undertakes art for therapeutic reasons and have never challenged this aspect of her situation in the past. She would just be continuing this but with the possibility of having some of it purchased.

Please Log in or Create an account to join the conversation.

More
6 years 2 months ago #225811 by Gordon
Replied by Gordon on topic ESA permitted work
Craig

If you have not already done so, request a copy of her last assessment report, it will be an ESA85 if she had a face to face and an ESA85A if she did not, it should explain how the current award was made.

Yes, Awareness of Haward and Learning Tasks are what I mean by the ESA criteria.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: craigd

Please Log in or Create an account to join the conversation.

More
6 years 2 months ago #225819 by craigd
Replied by craigd on topic ESA permitted work
Gordon
So I've managed to track down an old ESA85A from when my partner first migrated from IB in 2012 and she was awarded ESA at that time through the Substantial Risk rules. I'll be requesting a ESA85A relating to the last decision in 2016 tomorrow but I assume it will have been awarded for the same reasons.

You say that this would be of particular concern with regards to applying for Permitted Work, would you be able to expand on this a bit? Just trying to get an idea of why DWP might object so that she can make a decision about whether to pursue this or not.

many thanks

craig

Please Log in or Create an account to join the conversation.

More
6 years 2 months ago #225830 by Gordon
Replied by Gordon on topic ESA permitted work
Craig

So the Substantial Risk talks about there being a substantial risk of harm to the claimant or others if they are required to perform Work Related Activity.

There is a list of the activities that the DWP consider WRA to consist of in the ESA Claims due to mental health guide.

Some of these are quite simple, like keeping a diary so you need to consider if her artwork is the same as any of the activities.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: craigd

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.