Can I setup a Business whilst on ESA

bigboybrother

rogerblack wrote: »

In principle, yes, if you get a good DM.

In practice - it is not clear they are obliged to consider work done as permitted work, even if it comes within the rules. Some of the language in the decision makers guide implies not.

If you do work that is not considered permitted work - this can lead to cancellation of your claim.
This is different from the position under IB.

Is it possible that you could link that comment into what then do the DWP consider as Permitted Work?

I may be wrong but my impression is that Permitted Work (obviously abiding by the hours and income rules) is simply work that does not interfere with the reason as to why you were awarded ESA in the first place. Surely it cannot be the case that it depends on which DM you get involved with and whether he/she had breakfast that morning?

rogerblack

bigboybrother wrote: »

Is it possible that you could link that comment into what then do the DWP consider as Permitted Work?

I may be wrong but my impression is that Permitted Work (obviously abiding by the hours and income rules) is simply work that does not interfere with the reason as to why you were awarded ESA in the first place. Surely it cannot be the case that it depends on which DM you get involved with and whether he/she had breakfast that morning?

You need to get it approved first - then there is no problem.
http://www.dwp.gov.uk/docs/dmgch41.pdf 41187 and on

bigboybrother

rogerblack wrote: »

You need to get it approved first - then there is no problem.
http://www.dwp.gov.uk/docs/dmgch41.pdf 41187 and on

....and if they don't bother to get it pre-approved? But it is clear to any reasonable person that the PW does not give rise to any doubt that the conditions for ESA are still met?

Thanks but having started at 41187 I can find no definition as to what constitutes Permitted Work for those claiming Cont ESA.

There is plenty said about the types of PW (Supported/Non Supported) as well as the 16 hour rue and the £20 rule, but absolutely nothing that would indicate exactly what would or would not be ruled as PW.

Are you suggesting that there aren't any fixed rules and it is down to each DM to make a judgement call? If so that seems a bit hit and miss to me. You cannot have a decision made on the basis of how someone feels on a particular day.

Is it not just as simple as saying that PW can be anything unless it brings into question the levels of the descriptors awarded?

You can't have PW being a furniture remover/van loader if you are awarded ESA on the basis not being able to lift, walk, concentrate etc. But he/she could if they just sat down and worked on a laptop all of the time.