Permitted work, or WTC disability element

Rosa wrote: >>>snip<<< 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.

Much as I would love to offer detailed info on "exempt earnings", my knowledge is just a bit too out of date in relation to the specific info you have asked for. What I can safely say is this.

As at June 2015, the ESA regulations (2008 version - there is also a 2013 version) didn't contain the phrase "permitted work" at all; references were to "exempt work". However, the word "permitted" has stuck as a widely used reference amongst benefit practitioners so, in the context of your case, you can safely use either term. The only reason I drew attention to this is just in case your council sees the word "exempt" in the HB legislation and doesn't realise it is the same as "permitted". It happens! ).

Good luck.

Thanks again for your replies.

Intially, I assumed that PW meant your earnings replaced your ESA payments if they exceeded the basic allowance of £73.10 pw, but you'd still receive full HB since technically you were still in the system so to speak, and your ESA claim would be considered ongoing.

Now I read elsewhere that you can in fact keep your earnings, your full ESA payments *and* your full HB payments - providing your earnings are within set limits. Is this correct? This would mean - assuming they don't promptly reassess me - I would much better off than I initially thought.

Hi Rosa,

You will certainly still get your full ESA payments but I don't know how the HB system works.

Rosa, as per my earlier HB related reply, earnings from "exempt work" should be disregarded, in full, for HB - so long as the DWP is satisfied you are undertaking that type of work. If the "DWP" part isn't met, you could end up with an overpayment of HB that would almost certainly be legally recoverable.

If the DWP is satisfied you are undertaking "exempt work", there is a technical argument that, strictly speaking, you don't need to notify the Council of any earnings from that work (because it doesn't affect your HB). HOWEVER, I'd strongly advise you to notify the Council just to cover your bases and make your position bullet proof. Never assume the DWP will notify the Council, nor vice-versa (even when the law says they are supposed to. ).

Regarding the earnings limit: as at 2013, the structure of the ESA legislation meant the earnings limit applied on a weekly basis; not an average over more than one week. That meant if you earnt more than the limit in one week, you could have lost ESA for that week (and the earnings would count for HB too). This was true even if you earnt less in the previous, or following, week to make an average that was below the limit. It's worth checking to see if the week by week limit is still the legal position. Oddly, this didn't apply to the number of hours, which could be averaged - again you'll need to check to see if this is still the same.

One final point to bear in mind. If your ESA contains any "contribution based" payment(s), the level of earnings on top of this could mean you become subject to tax ("exempt work" earnings aren't, er, "exempt" for tax purposes ). This is normal, so don't panic.