Permitted work

julie wrote:

My husband claims ESA and has been hounded to get a job for no longer than 16 hours a week. Because he felt he had to get something to get them off his back, he took a kitchen assistant job. He has now had a letter come for him to attend a medical, so he feels he can't win. I don't know how much longer he'll be able to sustain this job as it's killing him physically, and it's only on a as and when basis. But he felt he had to take something, but I now feel it might be his undoing. Does anyone know please how he might get on at this medical. He has had one before and we had to appeal that. Also I am thinking of asking for it to be recorded. Many thanks.

I have some concerns as to what you have posted.

First, your husband whilst he remains eligible for ESA, cannot be required to work or to seek work, even under the heading of Permitted Work.

Before starting this Permitted Work, did your husband get agreement from a DWP Decision Maker that the work he is doing met the rules for Permitted Work?

Whilst his doing PW should not have a direct effect on his ESA claim, both the ATOS "doctor" and the DWP Decision Maker involved in this new assessment, will be aware that he is performing PW, and will take this into account when assessing him. As an example; you say he is a kitchen worker, this sounds like something that would require him to spend long periods standing, if he previously scored points for the Standing and Sitting descriptor, he may no longer do so because of his PW.

Gordon

Julie

You might want to have a look at the following FAQ

Permitted Work

Gordon