Permitted work whilst on assessment phase ESA?

earthbound_misfit

Hello, basically I would like to try and sell some of the things I make. I make fabric stuff, bags, cushions etc.
I know about permitted work but not sure if it applies to the assessment stage of ESA. (I'm due a medical but still haven't got an appointment for one.) Also if I need to appeal the decision, would I be able to do permitted work during that time?
Also if anyone knows about the intricacies of permitted work being self-employment that would be helpful!
I was thinking to make an appointment with the Disability Employment Advisor at JC+, would they be able to advise?
Thanks
EM

rogerblack

You can do permitted work at any phase of an ESA claim.
The DEA should hopefully be able to point you at the regulations.

pmlindyloo

rogerblack wrote: »

You can do permitted work at any phase of an ESA claim.
The DEA should hopefully be able to point you at the regulations.

I know you are very well respected on this forum but I have been searching for the 'rules' about doing Permitted Work whilst in the assessment phase of ESA.

I can find nothing in the Guidance Manual which refers to the assessment phase, only about ESA (WRAG) and ESA (Support Group)

The Disability Right handbook also has nothing specific about the assessment phase.

Have you a link that specifically refers to the assessment phase or a 'real life' case where someone started permitted work during this phase of ESA?

Many thanks.

rogerblack

pmlindyloo wrote: »

Have you a link that specifically refers to the assessment phase or a 'real life' case where someone started permitted work during this phase of ESA?

Many thanks.

I haven't looked up the rules on this before - I was going from several reports here and rightsnet of people doing small amounts of work, and reporting it, and the claim going through with no problems.
Clearly a new claim will start out in the assessment phase.
41186 -Permitted work is exempt work.
This means that - 41122 'You can't work in any week you claim ESA' - does not apply.
It is _CRIMINAL_ that there are not better explanations of permitted work - including self employed, ...

Horseunderwater

Yes you can work doing PW in the Assessment phase - I did. Just complete form PW1 - it covers both employment and self employment. In fact it was while I was completing the ES1 by phone that it came to light for myself. This was in Feb 2012.
So long as you do no more than 16 hours at Nat min wage which is currently £99.04 and rounded upto the nearest whole 50p is £99.50/week then there is no problem. Rate goes up on 1st Oct to £6.31/hour so it will be either £101.00 or £101.50 - DWP will not advise exact amount till around Feb if last year is anything to go on.

earthbound_misfit

Thanks!
Does anyone how it works in terms of taking earnings off my benefits? I've been googling and wading through the Decision Maker's Guide (anyone else imagine 'Decision Maker's' as mythical, powerful beings?!) and it seems to suggest that during assessment phase any earnings are taken off benefits. And the way to calculate it for self-employment (assessed as nil income at first then averaged out when you start making money). Anyone have any experience of this in practice?

Horseunderwater

No you do not need to have it taken off your benefit - permitted work is just that - it is ignored so you keep any income from the PW on top of your ESA. You just need to ask for and complete form PW1 and return it to DWP.

earthbound_misfit

So no money earned doing permitted work is taken off the ESA, even in the assessment phase? How about if you fail the Atos assessment and have to appeal? (Have new support worker who won't write anything until she knows me better so this is likely).
Sorry if I sound dim asking again, I'm in a difficult situation with rent shortfall atm and if I could earn just a little it would be immensely helpful! I want to do the permitted work anyway, but it would be a bonus to be able to pay the rent and not have to move...

rogerblack

earthbound_misfit wrote: »

So no money earned doing permitted work is taken off the ESA, even in the assessment phase? How about if you fail the Atos assessment and have to appeal? (Have new support worker who won't write anything until she knows me better so this is likely).
Sorry if I sound dim asking again, I'm in a difficult situation with rent shortfall atm and if I could earn just a little it would be immensely helpful! I want to do the permitted work anyway, but it would be a bonus to be able to pay the rent and not have to move...

Permitted work can be done during any phase of an ESA claim.
Including appeals.

At the moment anyway - it is not clear what will be happening in the near future. (Oct 28)
The required legislation that the government is implying will change things meaning you are not paid until the actual appeal is submitted, and requiring does not appear to have appeared yet for most on ESA.