ESA (permitted work) or Working Tax Credits

miserableindebt

Hi please can anyone help. My daughter is coming up to 19. She has High Functioning Autism. She was meant to be going to College in September but due to her anxiety its looking less and less likely.

She is on high care DLA/Low Rate Mobility and currently we are getting Child Tax Credits.

The Educational Psychologist and council are working to get her a single plan but she really is struggling with going to a new environment so are considering other options.

She has huge anxiety so will be unable to work. However, I have been supporting her with AVON and we are doing quite well with that.

I know if she went on to WTC she only needs to do 16 hours, due to receiving DLA and being disabled.

However I realise ESA is also an option but I am not sure if you can do claim while having a small job like AVON. I know they do permitted work but is that something that comes after or could she go on ESA whilst doing AVON.

I am getting really stressed because I need to notify CTC sooner rather than later so want to choose the best option going forward.

Also do we let CTC know first or apply for whichever benefit and the the CTC will stop?

Any help greatly received

Darksparkle

CTC will be paid until the date her intentions change about returning full time non advanced education so this would happen before she applies for esa.

poppy12345

It maybe Universal credit in your area, you can check online to see if it is. ESA permitted work is for those already claiming ESA.

miserableindebt

poppy12345 wrote: »

It maybe Universal credit in your area, you can check online to see if it is. ESA permitted work is for those already claiming ESA.

Hi Universal Credit hasn't come to our area yet, but have heard we are getting it at end of the year.

So you think WTC is the best option?

They are trying to get her back into education, but now College (3 days) is looking unlikely, there is a place that cater for disabled kids and she is interesting doing the art course there, but its only 2 hours a week, with the option of building upto the 12 hours necessary for CTC but that could take months, so not sure what to do.

BorisThomson

It's very difficult to get a WTC claim through based solely on Avon. She would need to show that, at least in the longer term, it would be commercially viable, she'd be making enough to live off. She'd also need to justify how she is spending the sixteen hours, unless she's got a lot of clients and assuming she's not doing parties that's unlikely.

She falls between the two/ three systems, UC will be too stressful, ESA doesn't fit with her current work and nor does WTC or CTC. Can you ask the council support worker for advice?

poppy12345

miserableindebt wrote: »

Hi Universal Credit hasn't come to our area yet, but have heard we are getting it at end of the year.

So you think WTC is the best option?

They are trying to get her back into education, but now College (3 days) is looking unlikely, there is a place that cater for disabled kids and she is interesting doing the art course there, but its only 2 hours a week, with the option of building upto the 12 hours necessary for CTC but that could take months, so not sure what to do.

Hard to say because being self employed and claiming tax credits is not as easy as it used to be.

Darksparkle

Just adding link to previous post as advice already given regarding WTC so saves any repeats - https://forums.moneysavingexpert.com/discussion/5679720

miserableindebt

BorisThomson wrote: »

It's very difficult to get a WTC claim through based solely on Avon. She would need to show that, at least in the longer term, it would be commercially viable, she'd be making enough to live off. She'd also need to justify how she is spending the sixteen hours, unless she's got a lot of clients and assuming she's not doing parties that's unlikely.

She falls between the two/ three systems, UC will be too stressful, ESA doesn't fit with her current work and nor does WTC or CTC. Can you ask the council support worker for advice?

Hi Boris it is easy to do 16 hours with AVON if you take it seriously. Today was delivery day and we have done 10 hours alone. This is once every 3 weeks though but with over 60 customers and hoping to build up on that We have just been out delivering for 4 hours and covered a 25 mile radius.

She is also a co ordinator which means she has a team, she (we) help them with their orders etc, showing them how to work the computer side etc, allocating them terriotary. This is all time consuming.

Once a week we go out recruiting for her team, for a four hour period. All the admin involved also in preparing 60 books per campaign (again hoping to enlarge on that). 2 days a week we go out to collect all the books of our customers.

Re canvassing streets etc etc

Also possibly considering going online as well.

fed_up_and_stressed

miserableindebt wrote: »

Hi Boris it is easy to do 16 hours with AVON if you take it seriously. Today was delivery day and we have done 10 hours alone. This is once every 3 weeks though but with over 60 customers and hoping to build up on that We have just been out delivering for 4 hours and covered a 25 mile radius.

She is also a co ordinator which means she has a team, she (we) help them with their orders etc, showing them how to work the computer side etc, allocating them terriotary. This is all time consuming.

Once a week we go out recruiting for her team, for a four hour period. All the admin involved also in preparing 60 books per campaign (again hoping to enlarge on that). 2 days a week we go out to collect all the books of our customers.

Re canvassing streets etc etc

Also possibly considering going online as well.

I think if she was out canvassing streets for hours and delivering books on that scale at a time there would be question marks raised about whether her Dla mobility award was appropriate.

Icequeen99

miserableindebt wrote: »

Hi Boris it is easy to do 16 hours with AVON if you take it seriously. Today was delivery day and we have done 10 hours alone. This is once every 3 weeks though but with over 60 customers and hoping to build up on that We have just been out delivering for 4 hours and covered a 25 mile radius.

She is also a co ordinator which means she has a team, she (we) help them with their orders etc, showing them how to work the computer side etc, allocating them terriotary. This is all time consuming.

Once a week we go out recruiting for her team, for a four hour period. All the admin involved also in preparing 60 books per campaign (again hoping to enlarge on that). 2 days a week we go out to collect all the books of our customers.

Re canvassing streets etc etc

Also possibly considering going online as well.

Does she do all of the work herself? is she training the team, showing them orders, showing them how to work the computer or is that you? How does she interact with them?

Are you registered as self-employed as well or are you just assisting her?

IQ

epitome

poppy12345 wrote: »

ESA permitted work is for those already claiming ESA.

Sorry, not correct.

ESA can be claimed by those who are currently working under 16 hours a week, and not earning over the Permitted Work threshold which I believe is £115.50 a week net income after allowable deductibles such as tax, NI and Pension contributions.
If she works 16 paid hours then she will not be within the PW limits and will not be able to claim ESA.

She will, however, -if you want a simple & uncomplicated claim- need to have med3 fitnote from a doctor. This fitnote can either say
"unable to work" or
"May be able to work with reasonable adjustments"

The DWP ESA will not care which of those 2 options it says on her fitnote.... Her GP, however, may not issue the fit note. If you cannot get a Med3, then other medical evidence can be supplied and it will have to be looked at by a Decision Maker.

If she was a full time student, she would not need a fitnote at all if she were to make a claim to ESA whilst she was a F/T student in receipt of DLA. and she would automatically get ESA WRAG. Can't remember if she would only get WRAG after 91 days or from the start of the claim though. A student claimant does not need to return the ESA50 (though it would be best if they did to avoid problems). A student claimant does need to attend any WCA Work Capability Assessment.