ESA Permitted Work

ChemPixie

Hi All,

I require some advice on permitted work whilst on ESA.

I've worked as a teacher for the past 2years, but I am about to lose my job due to ill health (Rheumatoid arthritis that is also affecting my lungs). I have been advised to apply for ESA & so have been researching what my future income is likely to be. I am only 28 and although not able to do my chosen career due to health, I would like to keep active in education, i.e. occasional tutoring and exam marking during the summer holidays.

The information I have found on the internet suggests that you can do permitted work whilst claiming ESA:

Under the Permitted Work rules you can:

• work for less than 16 hours a week on average, with earnings up to £101.00 a week for 52 weeks
• work for less than 16 hours a week, on average, with earnings up to £101.00 a week if you are in the Support Group of the main phase of Employment and Support Allowance
• work and earn up to £20 a week, at any time, for as long as you are receiving Employment and Support Allowance
• do Supported Permitted Work and earn up to £101.00 a week for as long as you are receiving Employment and Support Allowance, provided you continue to satisfy the Supported Permitted Work criteria

My question is....if I complete marking/tutoring for only a few months of the year, working much less than 16hours per week, is this permitted? Do the DWP average your income over the whole year? If they do, my income would be well within the limits stated above.
Fellow teachers have told me that they can earn about £700 by doing marking over the 6week summer break. This is something I'd love to do (and be physically able to do) but I'd be worried that it would result in ESA being stopped.

Any help/advice would be greatly appreciated

DomRavioli

No, it is £101.00 per week, and less than 16 hours PER week, not averaged out AFAIK.

It must also be approved by the DWP.

DomRavioli

Duplicate of post 3.

pmlindyloo

As far as Permitted work is concerned I have found this from the regulations:

Supported permitted work
41197 Claimants can do SPW1
as long as their earnings in any week are no more than 16
x NMW without the general rule in DMG 41122 applying. There is no limit to the
period during which they can do this work as long as they continue to meet the
requirements for SPW.
1 ESA Regs, reg 45(3)

which seems to suggest that you have to meet the criteria each week.

As an aside, are you going to be receiving a teacher's pension on the grounds of ill health?

If you are on contribution based ESA then any amount over £85 per week will be deducted from your ESA. if you are on income based ESA then the whole amount will be deducted.

Just wanted to give you a 'heads up'.

Depending on how well you are feeling and what work you can do you might want to consider going down the self employed route and seeing if you can apply for working tax credits instead of claiming ESA.

You could put different scenarios into the benefit calculator on https://www.turn2us.org.uk to get a good idea of your entitlements.

Are you claiming DLA or PIP?

ChemPixie

Thanks for the quick responses.
How do they work out you weekly salary if you're self employed? Was confused by this as overall profit/salary is not known until the end of the tax year.

Unfortunately I won't be receiving ill health benefit from my pension-I'm a few months short of the qualifying period and so will just get my contributions back.

My arthritis really couldn't have chosen a worse time to start affecting my lungs! My partner and I will struggle without my salary, but I have to put my health first. Marking seemed like a good balance, but not if permitted work is calculated for each individual week.

pmlindyloo

ChemPixie wrote: »

Thanks for the quick responses.
How do they work out you weekly salary if you're self employed? Was confused by this as overall profit/salary is not known until the end of the tax year.

Unfortunately I won't be receiving ill health benefit from my pension-I'm a few months short of the qualifying period and so will just get my contributions back.

My arthritis really couldn't have chosen a worse time to start affecting my lungs! My partner and I will struggle without my salary, but I have to put my health first. Marking seemed like a good balance, but not if permitted work is calculated for each individual week.

Do you know whether you will be entitled to contribution based ESA (based on your last two years' NI contributions)?

If you are then your partner's income/savings won't affect your ESA.

If you are not eligible for contribution based then your partner's income/savings will be taken into account.

PlymouthMaid

I am sorry that bad health is affecting you so badly and so young. I know nothing about ESA but maybe you could set up as a private tutor and just take a few customers a week if you feel you could do that. You will then have a regular top up income, keep your hand in teaching and at least have some flexibility so that if you are very poorly you could perhaps reschedule sessions.

ChemPixie

I think I will be entitled to contribution esa. I have worked full time for 5years until my disability became too much. Am I right in thinking that you only get esa for 1year?
I have thought of tutoring, but again I think the work will be seasonal...most pupils get support leading up to their exams.
I've tried to come up with all sorts of other job opportunities but I honestly don't know what work I could do and I'm not sure anyone would want to hire me with my absence record (I know people aren't supposed to discriminate on disability, but they do).

rogerblack

ChemPixie wrote: »

Thanks for the quick responses.
How do they work out you weekly salary if you're self employed? Was confused by this as overall profit/salary is not known until the end of the tax year.

It's not anywhere near as simple for the self-employed as the above imply.

https://forums.moneysavingexpert.com/discussion/3697745

They can in some circumstances choose to average the earnings over a 'cycle'.

Unfortunately, decisionmakers may not be aware of the provisions for averaging.

lukieboy96

If put in WRAG group CBESA lasts 365 days, but if low income you can get IRESA. I get both and when my CB runs out I will continue to receive it as I have no end date on ESA. IF you have a partner I think their income is taken into play after 365days. But if placed in the Support Group it is different, I think.

pmlindyloo

ChemPixie wrote: »

I think I will be entitled to contribution esa. I have worked full time for 5years until my disability became too much. Am I right in thinking that you only get esa for 1year?
I have thought of tutoring, but again I think the work will be seasonal...most pupils get support leading up to their exams.
I've tried to come up with all sorts of other job opportunities but I honestly don't know what work I could do and I'm not sure anyone would want to hire me with my absence record (I know people aren't supposed to discriminate on disability, but they do).

Have a read of this about ESA:

http://www.disabilityrightsuk.org/employment-and-support-allowance-overview

If you are put into the WRAG group it will be for a year. If you are put in the Support group there is no time limit.

Difficult to know how to advise about the permitted work and what to do not knowing your physical limitations.

Are you primary/secondary? Any specific subject?

So, just a few ideas - ignore or do some googling.

Contact the local education authority and see if they want any home tutors for sick/disabled children.
Advertise your services in the local magazine/paper - surprising how many people want tutors all year round (depends on your subject)
Contact a tutoring agency.

Consider a change from your current path or do a course to give you different qualifications.



Tax credits are based on the last tax year and you would have to make a joint claim. How much does your partner earn? (would help to see if you are eligible)

When your circumstances change there is a formula they use - will let someone more qualified than me give you some info. about that.