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Son wants to work - How does he respond to PW1?

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7 years 5 months ago #171595 by EC
My son and daughter-in-law are both in the ESA support group but he now feels able to try to work 16 hours a week.

He's been trying to notify the DWP of this for two months and three unanswered letters later we have now got his MP involved.

He had a conversation with someone from the DWP who phoned him last week and said they had not received these three letters, although we had sent them by recorded delivery and had the names of the people who signed for them at Wolverhampton so we can prove they were received.

He now has a PW1 10/13 form to fill in which I am helping him to complete.

I have some questions which we asked the DWP in letters but as they claim not to have received them, we have not had any reply! These questions, which are not answered on this form he received are:

How and when he reports work to the DWP?

What is the monthly total amount of money the DWP/council assume a couple without children need to live on with rent of £500 per month?

How the income from work affects his ESA and housing benefit?
How does he make sure that his website access which he pays for himself for his job and other costs like heating, lighting, part of his rent are deductible from the total he earns?

If there are weeks when he is not working how does he calculate any benefits he might be entitled to on those days?

How does he work out what tax and national insurance he has to pay?

He and his wife also receive housing benefit so we are trying to make sure they are not in an overclaim/clawback situation. His wife is still in the ESA support group so how does his change of circumstances affect her entitlement to ESA when her claim is part of his claim?

He is also self employed for these 16 hours a week but has to pay his internet connection and also of course has heating and lighting and part of his rent to presumably set against income, not to mention tax and insurance.

Due to mental health issues, he is finding this situation very stressful so we need any help we can get from your website.
Thanks

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7 years 5 months ago #171664 by Gordon
E

How they will be effected will depend on who has a claim for ESA and what type of ESA they are receiving, so it is difficult to give definitive advice.

Who has the ESA claim? Your post suggests that it is the wife and the husband is part of her claim. If this is the case then he cannot do Permitted Work, this is only permissible for the main claimant. If this is the case then any income from his work will be deducted from her ESA, if she is receiving Income Related ESA and could effect their HB.

If he is the main claimant then;

If he is self-employed then the DWP may ask to see his accounts on a regular basis, possibly monthly or three monthly.

How much they should receive will depend on their circumstances, the easiest thing they can do is to put their information into one of the online benefit calculators.

www.gov.uk/benefits-calculators

If the PW is accepted then it should not affect their ESA and HB, they will need to notify their Local Authority of what he is doing.

If he is running a business then it is usual to offset necessary deductions against any earnings.

If the wife has own claim for ESA then it should not be affected.

I would recommend that they get face to face advice.

Gordon

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

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7 years 5 months ago #171736 by EC
Thanks Gordon.

My son is the main claimant and his wife is added to his claim.

Do you have any idea how the DWP work out permitted work income? The PW1 form says he can work for less than 16 hours a week on average and earn no more than 115.50 a week for 52 weeks.

Given that he has to pay for his phone and internet connection as well as using his home heating etc out of the money he earns, some weeks he might earn more than £115.50, some weeks it might be less.

I wondered if there was a calculation the DWP used?
Thanks

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7 years 5 months ago #171745 by Gordon
EC

it will need to be agreed in advance with the DWP. They look at his average pay and hours over a four week period or a month or may be over 13 weeks. Whatever mechanism is agreed he must ensure that he meets the requirement or his ESA claim will be closed for being in remunerative work.

The DWP should be able to provide a list of reasonable expenditures.

Gordon

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

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