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Gone over ESA limit - assessment still possible?

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1 day 20 hours ago #315959 by Penny
Hi guys
In financial difficulty partly due to ESA taking so long to book my medical assessment in and accepted some remote freelance work out of desperation. It's taken me over permitted hours and earning limit but have only done it for 1 month and not well enough to seek more work so won't continue. I have discovered that I have finally now got an assessment but have a deadline to declare the work which is before the assessment. When I declare the work, will my ESA claim be automatically ended?
It's new style esa and have only been receiving NI credits for the last while as my 365 day limit on the assessment rate was months ago.
Thanks

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1 day 3 hours ago #315967 by David
Hi Ellie

It sounds as if you are self employed? Can you not deduct legitimate business expenses etc to reduce your net pay. You may need to research this or contact someone for help such as Citizens Advice etc.
Otherwise you could try and average the earnings over a longer period.
Here are the official rules:
If a New Style ESA claimant starts work other than Permitted Work or starts work
which is Permitted Work but fails to follow the appropriate rules, the award of ESA
will terminate. This applies to work of over 16 hours.

data.parliament.uk/DepositedPapers/Files...only_claims_V6.0.pdf


www.legislation.gov.uk/uksi/2008/794/regulation/45

Let us know how you get on.
David

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

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