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Permitted Work

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6 years 6 months ago #199761 by Linda
Permitted Work was created by Linda
I am in the WRAG of ESA and started permitted work (or so I thought) at the beginning of May this year. I am working just 15 hours a week and when I started I was unsure how much exactly I would be taking home as I had only been told the gross pay pro rata and did not know how to work it out. I did tell the DWP this at the time and as soon as I received a full months pay slip I sent it to them. I then received a letter saying something along the lines of it being OK and that I would continue to receive my ESA while working etc. Unfortunately I cannot find this letter anywhere and the DWP don't seem to be able to find a record of it either. Anyway, what has happened now is that it turns out I have been earning over the permitted £120 a week and although it is only over by £2.78 a week they have told me I am not entitled to ESA after all and have stopped my ESA altogether as well as demanding back all the ESA I have been paid since May. Firstly, I would not have continued working had I known, ie if they had not sent me a letter saying it was OK to work and that I would still receive benefits. Secondly, if I had been earning such a small amount over, I would have assumed that they would simply deduct that amount from the ESA they paid me, not stop me the full benefit of £102.15 a week. Has anyone else had these problems and does anyone know what can be done about it if anything or if I have to give up my job and go back to square one again?

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6 years 6 months ago #199778 by Gordon
Replied by Gordon on topic Permitted Work
Linda

I'm afraid the ESA legislation is black and white about the limits for Permitted Work, if you earn over the limit then you are considered to be in remunerative work and your ESA claim will be closed.

You say that the DWP agreed your income, do you know what figures you supplied them with?

Is it possible that your first pay packet was not a full month?

I would issue a Subject Access Request for any documents added to your file at the time you believe that you returned the PW1 to the DWP.

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Your best bet is to show that you properly informed the DWP and that as a result any over payment is down to official error.

As your ESA will have been stopped since May or at best June this year, you cannot make a rapid reclaim as you will be outside of the 12 weeks, so you will have to make a new claim for ESA from scratch.

Gordon

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

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