Permitted Work

Gordon wrote:

WD

I can't offer a definitive answer, but I believe these are the issues.

I believe you can do Permitted Work whilst appealing a Decision for ESA.

However, as I understand it, you are not doing Permitted Work under ESA, but rather under IB, whilst the rules are substantially the same, there are differences.

Does this mean that you need to "re-apply" to do Permitted Work when transfered to ESA, I'm not sure, but I do believe that you need to ask the question of the DWP, you certainly cannot assume that you do not.

Whether doing Permitted work when you are appealing a Fit for Work Decision would be in your favour, is something you must consider, it will be a factor considered by a Decision Maker at Reconsideration and the Tribunal panel at Appeal.

Gordon

As I see it from the post above whilst I am appealing a Fit to Work decision I am doing the permitted work under IB as a final decision has not been reached on my migration to ESA.

I fully understand the issues with doing the permitted work whilst going through the migration to ESA.

My main concern was whether I was allowed to continue with permitted work whilst making an appeal.


WD

WeDesign wrote:

Gordon wrote:

WD

I can't offer a definitive answer, but I believe these are the issues.

I believe you can do Permitted Work whilst appealing a Decision for ESA.

However, as I understand it, you are not doing Permitted Work under ESA, but rather under IB, whilst the rules are substantially the same, there are differences.

Does this mean that you need to "re-apply" to do Permitted Work when transfered to ESA, I'm not sure, but I do believe that you need to ask the question of the DWP, you certainly cannot assume that you do not.

Whether doing Permitted work when you are appealing a Fit for Work Decision would be in your favour, is something you must consider, it will be a factor considered by a Decision Maker at Reconsideration and the Tribunal panel at Appeal.

Gordon

As I see it from the post above whilst I am appealing a Fit to Work decision I am doing the permitted work under IB as a final decision has not been reached on my migration to ESA.

I fully understand the issues with doing the permitted work whilst going through the migration to ESA.

My main concern was whether I was allowed to continue with permitted work whilst making an appeal.


WD

Hi WD,

Once your migration from IB to ESA has started, and you have received a decision on whether you qualify for ESA in either group, you will no longer be a recipient of IB.

Even if you are found fit for work, appeal the decision, and obtain a fit note from your G.P. (which you would need to do if you were going to appeal) you would not go back on to IB.

You would be entitled to The Assessment Rate of ESA whilst your appeal was processed to fruition.

I think that Gordon's comments were with respect to, even though the rules regarding doing permitted work on ESA were similar to IB, you would have to take into account that the DM doing the automatic reconsideration, and the Tribunal panel (if it got that far) would be aware that you were doing permitted work, and would therefore take this factor into account.

This is why he advises that you should not take anything for granted and put your query to the DWP, and understand the possible implications on your ESA WCA, and on any potential reconsideration or appeal as a result on an adverse decision.

bro58

If I wish to not do any further Permitted Work do I have to notify the DWP or just stop doing the permitted work, and how is the best way to notify them?

I began to realise that permitted work seems to be a trap not a way of social inclusion for the not well/disabled people.


WD

WeDesign wrote:

If I wish to not do any further Permitted Work do I have to notify the DWP or just stop doing the permitted work, and how is the best way to notify them?

I began to realise that permitted work seems to be a trap not a way of social inclusion for the not well/disabled people.


WD

Hi WD,

It would be advisable to inform the DWP of "ANY" change in your circumstances. (if not obligatory)

bro58

bro58 wrote:

WeDesign wrote:

If I wish to not do any further Permitted Work do I have to notify the DWP or just stop doing the permitted work, and how is the best way to notify them?

I began to realise that permitted work seems to be a trap not a way of social inclusion for the not well/disabled people.


WD

Hi WD,

It would be advisable to inform the DWP of "ANY" change in your circumstances. (if not obligatory)

bro58

I guess it would be best to do it in writing?

What addreSS would I send the letter to?


WD