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Permitted work
- Andrew Roberts
- Topic Author
11 years 1 month ago - 11 years 1 month ago #99989 by Andrew Roberts
Replied by Andrew Roberts on topic Permitted work
Well, I meet some of the Descriptors of the Support Element and I am trying to get into the support group because my condition is severe. The consideration was rejected and it has now gone to appeals. I have been told it will take 9-12 months before the appeal. If I am subjected to the ESA rules regarding ESA could I possibly come off this benefit (As I get no help anyway and I am not getting any money) and wait to see how my appeal goes for the support group. Can I come off ESA and still keep my appeal for the Support group going on its course? My therapist is trying very hard to get me to do some kind of work, but in very small steps to build up my confidence. My partner will sometimes be able to support me and I feel doing something will help me get some confidence.
Last edit: 11 years 1 month ago by Gordon.
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- Andrew Roberts
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11 years 1 month ago #99997 by Andrew Roberts
Replied by Andrew Roberts on topic Permitted work
Hello. My therapist has told me how good working would be to aid recovery. She has explained that small steps are essential and that if I do too much I risk a setback. My condition is severe and I struggle a lot, but I see other people working and I want to try. Last year was a struggle because I ended up at the doctors on occasions because I was struggling so much.
At the moment, I have an appeal going through as I meet several descriptors for the Support element of ESA, but have been told that it may take between 9-12 months before a hearing.
As there are restrictions for permitted work on ESA (wrag), could I opt to come off ESA (wrag) (as I dont get any help or money anyway) and still keep my appeal going for the support group ?
People in the Support Group can do permitted work and this is not limited to time. This is all I want to do because I want to get some confidence.
I just need to clear my head of these questions because they are causing such anxiety and I just want to feel a part of society.
Thanks
Andy
At the moment, I have an appeal going through as I meet several descriptors for the Support element of ESA, but have been told that it may take between 9-12 months before a hearing.
As there are restrictions for permitted work on ESA (wrag), could I opt to come off ESA (wrag) (as I dont get any help or money anyway) and still keep my appeal going for the support group ?
People in the Support Group can do permitted work and this is not limited to time. This is all I want to do because I want to get some confidence.
I just need to clear my head of these questions because they are causing such anxiety and I just want to feel a part of society.
Thanks
Andy
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- Gordon
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11 years 1 month ago #99998 by Gordon
You can close your claim and continue with the appeal, but doing so will limit any SG award made by a Tribunal to the date you close your claim, once you close your claim it is closed, a Tribunal Decision to put you in the SG will not change this.
You can only make a new claim for ESA(CB) if you can once again meet the NI Contribution requirements, if you have not worked for a while, this may only be attainable by you returning to employment in excess of 16 hours a week.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Permitted work
AR wrote: Well, I meet some of the Descriptors of the Support Element and I am trying to get into the support group because my condition is severe. The consideration was rejected and it has now gone to appeals. I have been told it will take 9-12 months before the appeal. If I am subjected to the ESA rules regarding ESA could I possibly come off this benefit (As I get no help anyway and I am not getting any money) and wait to see how my appeal goes for the support group. Can I come off ESA and still keep my appeal for the Support group going on its course? My therapist is trying very hard to get me to do some kind of work, but in very small steps to build up my confidence. My partner will sometimes be able to support me and I feel doing something will help me get some confidence.
You can close your claim and continue with the appeal, but doing so will limit any SG award made by a Tribunal to the date you close your claim, once you close your claim it is closed, a Tribunal Decision to put you in the SG will not change this.
You can only make a new claim for ESA(CB) if you can once again meet the NI Contribution requirements, if you have not worked for a while, this may only be attainable by you returning to employment in excess of 16 hours a week.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Andrew Roberts
- Topic Author
11 years 1 month ago - 11 years 1 month ago #100021 by Andrew Roberts
Replied by Andrew Roberts on topic Permitted work
Hi there, I have found out today that my girlfriend is being made redundant. As you know, I am on ESA (Contribution Based). I am aware that I will be able to get a D3 form to move over to Income Based. My partner is going to claim Carers allowance for me as the top up to ESA. (as we are partners). As I will be moving over to the income based, does this mean that my 52 weeks of Permitted work can start again as scratch or will they say that I used them up my 52 weeks when I was on Contribution Based and have to wait another 52 weeks before I can do the higher rate of permitted work again?
I have contacted the DWP to ask for a form for carers allowance but they send 3 duplicate form for moving from Contribution Based to Income Based ESA. Is there an online form for Carers Allowance which will save me phoning again and waiting more time to get the form.
I have also sent a letter today to my ESA support worker to ask for an appointment to see him but he is on leave and I need to know something of these things pretty quickly. Please can you help because this is all making me extremely anxious and I am struggling to sleep at night.
I have contacted the DWP to ask for a form for carers allowance but they send 3 duplicate form for moving from Contribution Based to Income Based ESA. Is there an online form for Carers Allowance which will save me phoning again and waiting more time to get the form.
I have also sent a letter today to my ESA support worker to ask for an appointment to see him but he is on leave and I need to know something of these things pretty quickly. Please can you help because this is all making me extremely anxious and I am struggling to sleep at night.
Last edit: 11 years 1 month ago by Gordon.
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- Gordon
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11 years 1 month ago #100024 by Gordon
The Permitted Work rules are for ESA, irrelevant of the type of ESA you are receiving, so switching from ESA(CB) to ESA(IR) does not result in a new claim and therefore the 52 week rule still applies.
Just to be clear as I cannot see from your previous posts, but your girlfriend can only calim CA for you if your in receipt of DLA Medium or Higher Rate Care.
You can claim CA online, see the following
www.gov.uk/carers-allowance/how-to-claim
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Permitted work
Towser 297 wrote: Hi there, I have found out today that my girlfriend is being made redundant. As you know, I am on ESA (Contribution Based). I am aware that I will be able to get a D3 form to move over to Income Based. My partner is going to claim Carers allowance for me as the top up to ESA. (as we are partners). As I will be moving over to the income based, does this mean that my 52 weeks of Permitted work can start again as scratch or will they say that I used them up my 52 weeks when I was on Contribution Based and have to wait another 52 weeks before I can do the higher rate of permitted work again?
I have contacted the DWP to ask for a form for carers allowance but they send 3 duplicate form for moving from Contribution Based to Income Based ESA. Is there an online form for Carers Allowance which will save me phoning again and waiting more time to get the form.
I have also sent a letter today to my ESA support worker to ask for an appointment to see him but he is on leave and I need to know something of these things pretty quickly. Please can you help because this is all making me extremely anxious and I am struggling to sleep at night.
The Permitted Work rules are for ESA, irrelevant of the type of ESA you are receiving, so switching from ESA(CB) to ESA(IR) does not result in a new claim and therefore the 52 week rule still applies.
Just to be clear as I cannot see from your previous posts, but your girlfriend can only calim CA for you if your in receipt of DLA Medium or Higher Rate Care.
You can claim CA online, see the following
www.gov.uk/carers-allowance/how-to-claim
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Andrew Roberts
- Topic Author
11 years 1 month ago - 11 years 1 month ago #100030 by Andrew Roberts
Replied by Andrew Roberts on topic Permitted work
Yes I am on DLA middle rate for one and lower rate for the other. Ok, I am trying hard to work on getting better and as my 52 weeks has been used, it looks like I can earn £20 per week. I just wanted to know.
1) Well some weeks I am much worse than others. Some days I cant leave the bed. On days where things are a bit more manageable, I would like to try doing some work. I am aware that if I have used up my 52 weeks then I can earn £20 per week. If I am having a better week, with support of my partner, I may be able to try some more work and earn a bit more money. If I go over the £20 slightly, what would they do if I tell them? Would they knock money off my ESA (income based).
2) If its £20 per week, can I take into account any expenses I have. I want to do a bit of gardening for a couple of my neighbours. The equipment uses petrol, wear and tear etc.
Thanks.
1) Well some weeks I am much worse than others. Some days I cant leave the bed. On days where things are a bit more manageable, I would like to try doing some work. I am aware that if I have used up my 52 weeks then I can earn £20 per week. If I am having a better week, with support of my partner, I may be able to try some more work and earn a bit more money. If I go over the £20 slightly, what would they do if I tell them? Would they knock money off my ESA (income based).
2) If its £20 per week, can I take into account any expenses I have. I want to do a bit of gardening for a couple of my neighbours. The equipment uses petrol, wear and tear etc.
Thanks.
Last edit: 11 years 1 month ago by Gordon.
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