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Permitted Work

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9 years 5 months ago - 9 years 5 months ago #124991 by Fiona
Permitted Work was created by Fiona
I've had a quick look through recent topics but can't find one that answers my query. Apologies if I've missed some. I've also looked on the .gov website, but (surprise, surprise) they seem to contradict themselves!

I'm currently in the assessment phase of ESA with as yet no idea of when I shall get the appointment with ATOS. When I eventually do I'm not expecting to be put in the SG but think I am more likely to be put in the WRAG. I've recently been asked by a friend if I "would like/be able to help them out every now and then for a few hours here and there." The work would not be in my pre-illness 'trade', it would be public facing (not a problem for me) and would not be for set hours each week - it is likely that some weeks there would be nothing and at other times it could be anything up to 8-10 hours spread over a week. They are aware of my illness and understand the good day/bad day scenarios. They do not know about my ESA claim.

My query is about what constitutes permitted work/hours or earnings allowed (if any) etc. I've put my queries in a list which hopefully makes them easier to read.

What exactly is permitted work?

Am I allowed to earn anything at all? I do not currently have a partner, live alone and have no dependents..

Is there a maximum numbers of hours I am allowed to work?

Is it an advantage or disadvantage that the work is different to my 'trade'?

Should I maybe suggest that I try out for a few hours on an unpaid basis to see if I can manage the work?

How much do I have to tell the DWP and is it likely to be assumed that if I can do a few hours over a week I am able to immediately start a full-time job?

Does it count against me that I am making efforts on my own behalf?

My long-term aim is that, presuming my illness can be stabilised, I eventually return to work (probably as self employed) and come off ESA and do not have to claim any other benefits.

Sorry for the long post and list of questions. Many thanks for having such a brilliantly informative site!
Last edit: 9 years 5 months ago by Gordon.

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9 years 5 months ago #124993 by Gordon
Replied by Gordon on topic Permitted Work
Wobblylegs

There is no clear definition of what work constitutes PW, the primary thing that we advise members is to consider whether it contradicts any limitations that you have stated on your ESA50, as an absurd example; delivering the mail when you have said that you have mobility problems.

Whilst we have yet to hear from a member who has been refused permission to do PW, you have to notify the DWP of any work that you will be doing in advance on a PW1 form that you can get from the DWP office dealing with your claim.

If you do start PW then ATOS will be informed of this when then get around to doing your assessment and will certainly make assumptions as to your capabilities.

There is a factsheet in the Members Only area that that explains how PW works

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

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

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9 years 5 months ago #124998 by Fiona
Replied by Fiona on topic Permitted Work
Hello again

I'd composed a reply with a couple of minor questions, but somehow managed to delete it before sending it. :blush: It's really not my day today!

As it is nearly closing time I'll recompose it and send it tomorrow.

Very many thanks once again.

Tired Wobblylegs

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9 years 5 months ago - 9 years 5 months ago #125048 by Fiona
Replied by Fiona on topic Permitted Work
Thanks again for pointing me in the right direction on the B&W website for the info on the PW1 - goodness knows why I couldn't find it on my own last night!! Having had time to read your info and the form in detail, I really just have one question now. I also think I will need to get some further advice - perhaps from the CAB?

On part 2 of the form there is a box to tick as to whether one is employed or self employed. I am currently not self employed or employed by anyone - hence the ESA claim - and because of the irregular amount of hours I am likely to do (there may be none for a few weeks then perhaps 2 or 3 hours a couple of times a week) and short notice I am likely to be given (the company will ring me either the evening before or on the morning of the day they would like me in and if I am well enough I will work) they will not be employing me on any sort of contract.

Do I therefore need to register as self employed and then tick the relevant box. I don't reckon I'll be earning more than a maximum of about £80-100 a month, so don't know whether I have to register because it is such a small amount. I suppose it is an ESA claimant's version of a zero hours contract. Above anything I don't want to get the company that has offered me the possibility of work into any sort of trouble.

Sorry it's another long post, but I thought I'd better go into as much detail as possible. If it isn't a question you can answer, thanks for taking the time to read the post anyway and I'll try to get some advice elsewhere.

Thanks again for the brilliant site.
Last edit: 9 years 5 months ago by Gordon.

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9 years 5 months ago #125053 by Gordon
Replied by Gordon on topic Permitted Work
Wobblylegs

I think you need to address this questions to the person that is giving you the work, they may wish to treat you as an employee or they may expect you to being to do freelance so you will have to be self-employed.

If they are expecting you to be self-employed then you will have to register as such with HMRC as far as I am aware this cannot be done on an ad hoc basis.

If it was not clear from the guide, the first time that you are paid over £20/week will start your period of PW at the Upper Limit, you can only do PW at the Upper Limit for 12 months if you are not in the Support Group.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Fiona

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6 years 6 months ago #195817 by stevie mac
Replied by stevie mac on topic Permitted Work
What you can take from this a friend of mine went on holiday in July for 2 weeks when he came back he had to sign on he's on jobseekers allowance they asked him what he was doing for looking for work he told them he was on holiday in Spain they told him as he was out of the UK and not looking for work he was to pay back 2 weeks jobseekers allowance I don't know is this another new rule they have brought out

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