esa & permitted work questions

splodger_seedswapper

i have just been reading a few recent threads - to see if i can glean any info that i'm looking for and to be honest with you - i am a bit wary of posting on this board - after reading some unpleasant comments made on another thread in here - so i am hoping that was just a one off - as i really do need some topnotch advice about permitted work - wrag group sessions - housing benefit etc

apologies - i have rather a lot of questions

if a person with illness / disability claims esa - and they get put into a wrag group - does that mean that they have to be made to work and/or do work related activities - and if they don't / can't do it - would they lose their esa award?

what happens if what they are asked to do - has the potential to make their condition worse? - does the condition have to be worsened before that activity is no longer deemed appropriate/needed/required?

is it right that a claimant can only do permitted work for max 12mths?
what happens after 12mths - are they expected to find another job that they can only do for 12 mths ? do they lose their entitlement to esa after that period?

re housing benefit - is it possible to claim housing benefit whilst doing permitted work? does the benefit rate stay the same (as the claimant really doesn't get any more money bar a few uid as an incentive to work)

if the permitted work that somebody was thinking of taking up - paid exactly the same as the esa award (well actually £5 per month less) - would it be better to just do the job for a pittance (and not claim the esa) but be able to do it for longer than 1 year? would it still be possible to claim for full housing & c/tax benefits - are there any other benefits available on such a low wage?

i realise that i have asked numerous questions - but i could really do with some sound advice please - as the claimant in question has been out of work for a while because of a disability. they have found out about a job that is coming up in the new year - which they think that they would be able to do, but if they apply for the job and get it - the permitted work rule means that they can only do that job for a year - this person wants the job as it would not only suit them but it is also within their capabilities (which at times can be limited) but they would rather apply for a job that was for longer than just 1 year - and if they declared at the interview that they were doing it under the permitted work scheme - they are worried that the potential employer would not take them on for only a year.

any ideas which would be the best way to go?

rogerblack

Addressing only some of these.
Permitted work, in the work-related group - can only be done at the higher level (>20/week) for a total period of 52 weeks, then a 52 week break.
Even one week of earning >20 pounds triggers PWHL time clock to run, even if you only do one week, you can't then do it again in the 53rd week.

If the person does not comply with work related activity, they may be sanctioned.
this sanction can amount to the entire basic allowance, only leaving them the work-related componnet of 28/week. They may apply for hardship.
The requirements in principle should be reasonable, and you can ask the provider to reconsider, but if not, you will be recommended for a sanction, and have to prove good cause for not complying.
If this does not happen, and you do not comply, you will be sanctioned up until a tribunal agrees with you or you comply. (tribunal may take most of a year).

Permitted work is irrelevant to HB, as I understand it.

If you are considering not claiming ESA, and doing the work, then you may as well claim ESA, do the work as PWK, then stop claiming ESA, and do the work normally.
You can then restart an ESA claim in 13 weeks, without it linking, and do another years PWK.
(As I understand it, this is a complex area)
PWK does not affect your ESA normally, it does not reduce your ESA.

splodger_seedswapper

thanks roger - i'll let them know what you said - maybe they should go to an advice centre (i'd hate it if i recommended they do something and it turned out to be wrong for them)

it's just that i know that they would be perfect for this job - and the benefit of working again (even if for only a few hours a week) would in the long run be so good for them

i recommended the job to them - and i know that the organisation hiring only takes on part-timers as self employed - can this be done / overcome if part of the permitted work scheme?

rogerblack

You can do permitted work as a self employed person.

splodger_seedswapper

great stuff - thanks - i'll give them all the gen this weekend - so any more tips appreciated :beer: