Permitted work, or WTC disability element

I have some urgent questions about applying for either permitted work, or the WTC disability element, that I feel I need to be 100% sure about before applyng for a part-time job.

Background info: I suffer from chronic mental and physical health problems, have been claiming ESA since 2009 and have been in receipt of Support group rate (£125 pw inc the Disability Income Guarantee) since 2013. I'm one of those people who has not been reassessed in forever despite my award supposedly expiring back in 2014, but am aware this period of limbo will soon come to an end. I have never been successfully assessed as being incapable of work by the DWP/their hired goons before; my case has always needed to go to tribunal and of course that involves a long wait whilst surviving on considerably less money, which is not something I would be able to weather in my current housing situation. I had decided not to jump until I was pushed - to wait until I was reassessed, failed and had to appeal, before telling the DWP where they could stick it and attempting to re-enter the workplace - simply because I'm not sure if I could get a job after being unemployed for so long, and more importantly, whether or not I would even be able to cope working because of my health.

BUT I have seen an interesting job advertised which has not come up in a long time (I've been checking now and then, just in case) with the option to work either 12hr or 18hr pw. I called the council anonymously (paranoid) to check how much housing benefit a person would still receive in both situations and it's not good - but it is better than if I were "pushed" back to the appeal rate of ESA, so I am tempted to make the jump.

What I need to know is: would I be considered fraudulent, or have my application rejected, if I applied for permitted work status *after* receiving a job offer? I'm really scared about applying before, in case I don't get hired. I don't want to prematurely alert the DWP to the possibility that I might restart work when I don't actually know how realistic it is. And am I right that 12hr pw (£89) would meet the criteria for permitted work?

ALSO the same employer is offering a similar job for 18hr pw (£130) which would obviously exempt me from permitted work status and that NI contributions would be deducted, but could open up the possibility for claiming the WTC disability element. How likely would I be to successfully receive that? I have a feeling it may now come under Universal Credit in my area, so any advice about how much harder that is to claim than WTC would be very helpful. My understanding is you simply need to fulfill one of a long list of criteria (I think mine would be that I receive ongoing treatment for mental health problems, for which I could provide suporting documentation) and then you qualify, but I have no idea how much I would receive.

I'm also aware that both permitted work and the WTC disability element are usually time limited to 52 weeks, but I feel it would probably be worth the risk since I am likely to be unsuccessfully reassessed for ESA within the same period anyway.

Hope that makes sense. I don't want to do something that would be considered fraudulent, nor do I want to alert the DWP to a potential change in circumstances, before my financial situation is clear and I have a job offer. Any advice would be welcome. I need to apply for the job(s) this weekend at the latest.

If I may add to Gordon's reply...

Assuming you are still on HB (i.e. haven't been moved to UC), this may be helpful.

For HB, earnings from exempt work (the wording used in the legislation) are disregarded so long as the DWP is satisfied you are undertaking, specifically, "exempt work". If your local Council disagrees, point them to paragraph 10A of Schedule 4 of the Housing Benefit Regulations 2006. You will need to ask your Council to find out if the local Council Tax Reduction Scheme contains an equivalent provision.

Thank you to you both, for your prompt and helpful replies.

My main concern with PW is the "conflict" you mention Gordon; since my last full ESA assessment many years ago, my physical health has severely declined but I'm not able to provide much in the way of supporting documentation because I'm still fighting for referrals.

At present, any surviving medical documentation that the DWP may have would reference only my mental health. I would say that it has either remained the same or is perhaps slightly better than it was, but the job would require a lot of customer contact (as well as standing!) and therefore would undoubtedly indicate a conflict - as would almost any job, to be honest. It's a case of me doing something that causes some distress (and possibly physical pain) in order to try improving my situation in the long term - a complexity which I'm sure DWP assessment criteria would entirely miss. Full-time work is completely out of the question so I would remain dependant on housing benefit at the very least.

In your experience, would such a conflict only become an issue when I was eventually reassessed for SG (whenever that happens) or do you think they'd investigate it upon receiving my initial application for PW, then decline my application and reassess me immediately on the basis of suspicion? I appreciate if this is a question you don't think you can answer; I'm just wondering how thoroughly they interrogate PW applications.

Kevin, yes I receive HB (LHA) and have no council tax liability because I sublet a room.

Does "exempt work" just refer to the umbrella of permitted, supported permitted, and other exempt eg. voluntary work? So, in other words, that's the provision the council must offer me if the DWP is happy with what I'm doing? Unfortunately it'll be the DWP who are most likely to object.