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ESA - going over hours
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3 weeks 2 days ago #292055 by ST
ESA - going over hours was created by ST
Hi - what happens if you accidentally go over the 16 hours one week. Most weeks I am well under and the permitted work (often just 1-2 hours) as I what I do is very ad hoc due to fluctuating nature of my conditions. Will they just subtract one week? Or do I have to reapply all over again? Thanks
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3 weeks 2 days ago #292057 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - going over hours
ST
If it is New Style ESA or legacy Contribution Based ESA then you should lose just a weeks money, legacy Income Related is more complicated as technically you lose entitlement and can then only make a new claim for UC.
Gordon
If it is New Style ESA or legacy Contribution Based ESA then you should lose just a weeks money, legacy Income Related is more complicated as technically you lose entitlement and can then only make a new claim for UC.
Gordon
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2 weeks 4 days ago #292178 by ST
Replied by ST on topic ESA - going over hours
Thank you G - appreciate your response - it is new style ESA - it is so unclear to try and find this information. I can't see it actually documented anywhere when I'm googling.
Do you know where I might find this so I can use it to back myself up if needed? Everytime I phone and speak to them I get given contradictory information.
Do you know where I might find this so I can use it to back myself up if needed? Everytime I phone and speak to them I get given contradictory information.
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2 weeks 4 days ago #292185 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - going over hours
ST
I can't find anything that specifically covers this situation, all the documentation covers a claimant working within the rules, not one who steps out of them.
Just to clarify, you need to be working for less than 16 hours a week.
I can point you to the legislation but you would need to refer to two separate sections. One details the requirements to be considered as doing Permitted Work, the other covers working when the work is not considered as PW.
Gordon
I can't find anything that specifically covers this situation, all the documentation covers a claimant working within the rules, not one who steps out of them.
Just to clarify, you need to be working for less than 16 hours a week.
I can point you to the legislation but you would need to refer to two separate sections. One details the requirements to be considered as doing Permitted Work, the other covers working when the work is not considered as PW.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 weeks 4 days ago #292203 by ST
Replied by ST on topic ESA - going over hours
Thanks - anywhere you can point me in direction of would be good. I'm normally well under 15hrs 59 mins. I.e. 0hrs or just a few 3-4 (I flutuate a lot). But it's sporadic work and due to not being relieved of duties (I.e. someone taking over in time) I think I will have my hours put down as over 16.
So yes I am wondering does is stop the whole claim or just for that week. When I first spoke with DWP regarding ESA and working I had got the impression it was just for that week but I can't find it written and seems to state a whole new claim needs to be made thereafter.
So yes I am wondering does is stop the whole claim or just for that week. When I first spoke with DWP regarding ESA and working I had got the impression it was just for that week but I can't find it written and seems to state a whole new claim needs to be made thereafter.
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2 weeks 4 days ago #292205 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - going over hours
ST
OK, so the first thing you want to look at is Regulation 37 and in particular 37.(1)
A claimant who works to be treated as not entitled to an employment and support allowance
37.—(1) Subject to the following paragraphs, a claimant is to be treated as not entitled to an employment and support allowance in any week in which that claimant does work
note: my emphasis
www.legislation.gov.uk/uksi/2013/379/regulation/37
then have a look at
Exempt work
www.legislation.gov.uk/uksi/2013/379/regulation/39
Historically, disqualification was only for the applicable week.
Gordon
OK, so the first thing you want to look at is Regulation 37 and in particular 37.(1)
A claimant who works to be treated as not entitled to an employment and support allowance
37.—(1) Subject to the following paragraphs, a claimant is to be treated as not entitled to an employment and support allowance in any week in which that claimant does work
note: my emphasis
www.legislation.gov.uk/uksi/2013/379/regulation/37
then have a look at
Exempt work
www.legislation.gov.uk/uksi/2013/379/regulation/39
Historically, disqualification was only for the applicable week.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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