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Permitted work
- KATH WEST
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9 months 5 days ago #288129 by KATH WEST
Permitted work was created by KATH WEST
I am the appointee for my daughter who is in the ESA support group with limited capability for work group and also has the severe disability payment. She also receives PIP and carers allowance. I understand that if she wants to do permitted work it has to be agreed by ESA. she would meet the criteria of less than 16hrs per week and less than £139 per week salary ( after deductions)required for her carers allowance.I have read that employers cannot offer her work but that the work has to be provided by ESA. Her medical condition means she cannot guarantee from day to day what time if any she can work, she needs to be able to work at home and have total flexibility to choose when she works, which essentially is when she is not ill. The work that is available to her fulfils those criteria. The nature of the work is simple telephone and emailing. Her employer would be a family member who has knowledge of and understands her needs, hence the level of flexibility built into this.I know she has to fill in a formPW1 but the advice I have been given is to find out if what I have outlined would fall into the category of permitted work before we consider sending the form in. Does the ESA set the hourly rate at which she can be paid or can the employer do that. How do you suggest I proceed with this? Thanks
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- Gordon
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9 months 5 days ago #288136 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Permitted work
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You may want to consider changing your forum name as it appears to be your real one. See
www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
Whilst the DWP will need to approve any PW that your daughter undertakes, she will need to complete a PW1 form which she can request by contacting the ESA Helpline.
However, it is not the case that the DWP need to provide the work, she can do any job she wishes providing it does not conflict with the reasons she was awarded ESA or this may trigger a review, although based on postings in the forum, this is unlikely.
As she would be "sourcing" the job it is entirely between her and the employer to decide on rates and hours. However, your family member will need to be able to provide her with the documentation to support her work, namely some type of payslip, which includes the hours worked, over what period and the rate being paid. There may also be issues in regard to tax that might need to be addressed even if she does not currently meet the threshold to pay tax.
I also note that you mention Caers Allowance, I assume that you mean that someone is receiving CA against her PIP award but if you do mean that she is claiming this then she/you need to be aware that there are similar rules to PW in regard to CA and she will need to notify the Carers Unit if she starts work.
I also feel obliged to mention that whilst PIP is not an in-work benefit and there is no specific requirement for her to notify the PIP department if she starts PW and it is subsequently found out that she is working then it could count against her and initiate a review of her PIP.
Gordon
You may want to consider changing your forum name as it appears to be your real one. See
www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
Whilst the DWP will need to approve any PW that your daughter undertakes, she will need to complete a PW1 form which she can request by contacting the ESA Helpline.
However, it is not the case that the DWP need to provide the work, she can do any job she wishes providing it does not conflict with the reasons she was awarded ESA or this may trigger a review, although based on postings in the forum, this is unlikely.
As she would be "sourcing" the job it is entirely between her and the employer to decide on rates and hours. However, your family member will need to be able to provide her with the documentation to support her work, namely some type of payslip, which includes the hours worked, over what period and the rate being paid. There may also be issues in regard to tax that might need to be addressed even if she does not currently meet the threshold to pay tax.
I also note that you mention Caers Allowance, I assume that you mean that someone is receiving CA against her PIP award but if you do mean that she is claiming this then she/you need to be aware that there are similar rules to PW in regard to CA and she will need to notify the Carers Unit if she starts work.
I also feel obliged to mention that whilst PIP is not an in-work benefit and there is no specific requirement for her to notify the PIP department if she starts PW and it is subsequently found out that she is working then it could count against her and initiate a review of her PIP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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