ESA support group and permitted work

KentishLady

Hello MSErs

My husband was migrated from IB to ESA last year, and was put in the support group. He's been unable to work since 1996/7 but is now wanting to try and do some work - he is being realistic and knows he will never be able to sustain full-time work due to the nature of his illnesses and disabilities. He went to the job centre and asked them about permitted work - he has been sent the pw1 form to complete, but on the form they have ticked the box which says "the permitted work rules allow you to work for less than 16 hours a week on average and earn up to £101.00 a week for 52 weeks".

However I thought as he was in the support group he could do permitted work indefinitely? Can anyone confirm if the DWP have ticked the correct box on the form he has received is correct or whether my understanding is correct? If my understanding is correct I would really appreciate a link to the relevant "rules" in the "rulebook" so that I can refer to this when I call them tomorrow on his behalf (he struggles on the phone and gets confused/frustrated).

My second question relates to allowed deductions from his wages - the form says he can deduct tax & national insurance and then put the net figure in the box for how much he will earn. Are these the only deductions he can make? What about pension contributions - can he deduct any or all of these?

I am really proud of him and how far he has come and just want to make sure that he is getting the right information and support. We still havent found anyone to employ him - but he is doing all the right things including a one day a week back to work course at a local charity, he's signed up to do his adult numeracy and literacy at the local college, he's applied for his driver's licence back :eek: and he's genuinely engaging with social services and other professionals for the first time in 10 years. :T

Thanks

KL.

rogerblack

This is correct - there is no limit in time if you are in the support group.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/297539/dmgch41.pdf


Page 49 and on.


41212.
LCWRA = limited capability for work related activity = support group.

KentishLady

Thank you thank you!!

I knew I'd read it somewhere in an official document.

So I'm assuming I need to get them to resend the form with one of the other paragraphs completed as otherwise his form will say he is limited to 52 weeks which is incorrect.

When I call them what do I call the document (is it called a rulebook or decision makers book or something?) and are the numbers known as paragraph numbers or rule numbers? Just so I dont sound like a complete numpty when I phone.

Last question - I've heard stories about DWP suspending ESA payments when a permitted work form is requested until it is returned - my husband hasnt found a job yet but went into the benefits office to ask about permitted work and whether or not he could do it (they just called our ESA office and asked them to send out the PW1 form). Will they suspend his payments?

I had asked him to try and make an appointment to see a DEA but it seems they weren't interested in helping him find a job because they havent agreed to make an appointment for him to see a DEA. Maybe this is because he is on ESA instead of JSA - but I thought that he should be able to see an adviser to help him identify what he could do.

anmarj

The deductions are tax, national insurance and half of pension contributions. Anything else would not be allowed

rogerblack

The guide is called 'the decisionmakers guide'.
As I understand it, it is not usual policy to suspend ESA.
Clearly, if you notify them that you're starting a window-cleaning business and are getting ESA because you have no arms or legs, there may be questions.

KentishLady

rogerblack wrote: »

The guide is called 'the decisionmakers guide'.
As I understand it, it is not usual policy to suspend ESA.
Clearly, if you notify them that you're starting a window-cleaning business and are getting ESA because you have no arms or legs, there may be questions.[/QUOTE

No nothing like a window cleaning business (not with his balance anyways!)

I think he is looking at applying to work at the till in a petrol station (probably realistic) or working on a till in a sub post office (probably not so realistic) or if I can persuade him to try some office work.

KL

needing-help

There is a time limit of 52 weeks for permitted work now. Its only indefinite if its supported permitted work.

rogerblack

needing-help wrote: »

There is a time limit of 52 weeks for permitted work now. Its only indefinite if its supported permitted work.

I do not believe this is the case.
The guidance - above specifically says otherwise.

http://www.legislation.gov.uk/uksi/2008/794/regulation/45/made I believe is the law currently in force on this.

Speaking of what is exempt work which does not affect an award of ESA.

4b) 'Work which is done for less than 16 hours a week, for which earnings in any week do not exceed £88.50 and ... done by a claimant who has or is treated as having limited capability for work-related activity.'

(amounts have been modified subsequently)

Pages like https://www.gov.uk/employment-support-allowance/eligibility are not accurate and do not take into account all of the details.
If they did, they would be several hundred pages long.