ESA Permitted work - fraud.

redhenjen

hello, After a time in hospital last December and now a slow recovery but much uncertainty about how much etc and capabilites in the long term I have a investigation from te ESA.

i was interviewed by phone in hospital for my new ESA claim but did not get any income until April when i was placed on a 52 week support group for permitted work. I have never had a personal advisor but have attended 2 meetings at the jobcentre, a medical and seen working links 3 times. All are unsure what to do with me as i have a seasonal/freelance job, I just cannot do it anymore. I cannot really work more than 3 hours at a time.

I find the problem with this situation is i do not fit the mould asI do rent a room scheme, receive maitenance, I have been working seasonal and self employed since April but never over the amount in the PAYE, and have lots of week inbetween with nothing.
However i rated the PAYE bit weekly and the self employed amounts when i invoiced them in bulk at the end of each term

They have just picked up on me and been busy looking at everything and got some info from the council about my rent a room income. At the meeting she clearly admitted she did not seem to know the rules - however as far as i am concerned i have not hidden anything and been working with my working links person to find the right type of work and hours that i can acheive. I am still with my origianl employer who took me back even though i cannot really so the work properly. I would have said about the rent a room scheme on the phone, but was so ill i cant really remember or prove it. On the other income section of the printed form they sent me there is no box to fill in - it just says to declare things which i did.

After CAB advised me I was able to apply for the mortgage benefit and received that in November. When i phoned ESA no one seemed to know much and they reckoned i had also had it backdated from the budget ( March). However i am still; waiting fo my mortgage statement to confirm this as he did not know how it would have been paid or how much.

My questions is - I have recevied so much different information and beleived I was within the rules. She has suggested i did not declare my rent a room scheme but everyone i have seen knew about it. In fact one of the jobcentre assistants (in july) was trying to build some hours from it to get me past 16 hours in April when my permitted work runs out. But decided it meant the rent a room scheme ill not be valid as it does not allow for labour.
it seems my iniative and eagerness to do some work around my illness may back fire. I have to give the lady here somemore info about my rent a room (below the 4250), and my wage slips.

I was treating my self employed income as i used to with the child tax credits - as i am uncertain how much and it will be well below 1000 per annum. I now undertand this is not the case in benefit land. As one assistant said - she is used to people not working at all. I would go mad and become a bitter old lady!

However I have been honest and asked for help all the way along as the benefit system is a nightmare - it will then be up to the decision maker in Plymouth. Not oppotomistic as eveyone seems to have their own rules. I hve no issue paying some back if i have over claimed but annoyed if i am assumed to have commited fraud when i have been incorrectly advised.

Does anyone have any info about rent a room and benefits - pariclualry ESA. This 52 week permitted work seems to be fairly new and not designed for someone permanently restricted with their health. They now reckon my self employed bit and PAYE job ( same employer) may be classed as 2 different jobs. The total this year is below £2000 for both and varies massively each week.

Any input that will be constructive and help with any sort of appeal would be grateful. jen Happy Friday!!;)

Hammyman

Hi, there's a lot of irrelevant information in that post and its kind of all over the place.

Please can you post what your income is and where its from, how many hours you work and what other benefits you get?

redhenjen

Sorry, i am new to this.
The information is there as I am asking mainly the self employed and the rent a room scheme people, and if anyone else has had an ESA fraud accusation. I painted as clear a picture as possible.


Nothing is new or a change since i first claimed. I have always done the self employed and PAYE for the same employer.
More importantly how others have fitted this into permitted work, as from who i have seen at the jobcentre no one seems to know.

I am outside the box as my hours vary massvely as does income from work. But never more than 16 a week, often 0. and never over the permitted work threshold.

I have checked other threads but cannot find clear answers.
Any further enlightenment welcome!

Thanks, jen

happy35

i wouldn't think that the rent a room scheme would be permitted work but it may be treated as another form of income for ESA purposes

Are you getting income based or contribution based ESA as that will have an effect on the decision