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ESA - Permitted work and Payslip problems..

serhat96
serhat96 Posts: 3 Newbie
edited 12 August 2017 at 2:32AM in Benefits & tax credits
I have a little problem I'm currently on ESA support group and I receive around £125 pounds a week and I am allowed to work less than 16 hours a week without my benefits being affected.

So I decided to start work as a cleaner on a construction site, which is 3 hours a day for 5 days, Mon-friday. I worked for 8 weeks and I received a total of £760 to my bank account which is £100 pounds a week. One month into the work I receive a letter from job center ESA saying that they need a payslip to see how much I'm earning and so but for some reason the owner didn't provide me a payslip for whole 2 months I asked him so many times but he just didn't give me it, he said he'll sort it out but he just left it.. so I started an argument bla bla I said I can't work without a payslip and so so I left the work place. Now I called up ESA to tell them I stopped working but they still want to see a payslip.. which I can't provide because the employer is mad at me and he's not answering my phone calls.

So I asked the guy person who works in the department what to do, they said " if you are unable to provide a payslip then you need to write a letter of declaration explaining whats happen and why you can't provide it and write what date you started working and when you ended the work place, contact info of the employer and such then send it to us with the letter we sent to you."..

So what I need help is with what shall I do? Should I send ESA a letter explaining my situation and add a bank statement for replacement of payslip? cause every week I got £100 from the construction company as wage.

Any help would be appreciated! Thankyou..

(EDIT) I'm presuming why the employer didn't provide me with a payslip cause he didnt tell HMRC about my permitted work.. maybe he did this so he could avoid tax? I dont know..

Comments

  • pipkin71
    pipkin71 Posts: 21,821 Forumite
    serhat96 wrote: »
    I have a little problem I'm currently on ESA support group and I receive around £125 pounds a week and I am allowed to work less than 16 hours a week without my benefits being affected.

    So I decided to start work as a cleaner on a construction site, which is 3 hours a day for 5 days, Mon-friday. I worked for 8 weeks and I received a total of £760 to my bank account which is £100 pounds a week. One month into the work I receive a letter from job center ESA saying that they need a payslip to see how much I'm earning and so but for some reason the owner didn't provide me a payslip for whole 2 months I asked him so many times but he just didn't give me it, he said he'll sort it out but he just left it.. so I started an argument bla bla I said I can't work without a payslip and so so I left the work place. Now I called up ESA to tell them I stopped working but they still want to see a payslip.. which I can't provide because the employer is mad at me and he's not answering my phone calls.

    So I asked the guy person who works in the department what to do, they said " if you are unable to provide a payslip then you need to write a letter of declaration explaining whats happen and why you can't provide it and write what date you started working and when you ended the work place, contact info of the employer and such then send it to us with the letter we sent to you."..

    So what I need help is with what shall I do? Should I send ESA a letter explaining my situation and add a bank statement for replacement of payslip? cause every week I got £100 from the construction company as wage.

    Any help would be appreciated! Thankyou..

    (EDIT) I'm presuming why the employer didn't provide me with a payslip cause he didnt tell HMRC about my permitted work.. maybe he did this so he could avoid tax? I dont know..

    When I was doing permitted work, it was on a self employed basis so I had no wage slips to send. They accepted my bank statements as evidence of earnings so you could send those and see what happens. There is the possibility that they will contact your previous employer if they want more evidence, though :)
    There is something delicious about writing the first words of a story. You never quite know where they'll take you - Beatrix Potter
  • epitome
    epitome Posts: 3,199 Forumite
    edited 12 August 2017 at 4:20PM
    Yes, You need to write a letter, saying exactly
    • What date you started to work,
    • What date you finished work
    • The name and address and phone number of the employer
    • What your shift hours were
    • That your employer refused to give you any payslips
    • That you left the job because of this
    • Include a copy of all bank statements that show your wages.


    You should ask the jobcentre or phone the jobcentre helpline (say "jobcentre appointment" or say nothing at all -stay silent- to the computer answering service) to make you an appointment at the jobcentre, to have these documents emailed to your ESA office

    I do not advise to send by post. But if you insist on doing so, I advise signed for delivery £1.90 (check online for delivery) and phone ESA 3 weeks after you posted it -regardless what the online tracking says- to ask them if your letter has been actioned.

    When ESA has all of this, if they need to, they can require the employer to tell them what your terms of contract were and how many hours you worked and were paid. Or they can suspend your ESA payments until you provide the payslips or a statement of earnings letter from your employer.
  • Thankyou so much both of you, this should solve my problem. :)
  • And also to add I highly doubt that my employer would write a letter regarding my earnings to ESA cause the construction site was abit dodgy it had few workers that worked without paying tax and stuff, none of my concern but you know..
  • epitome
    epitome Posts: 3,199 Forumite
    serhat96 wrote: »
    And also to add I highly doubt that my employer would write a letter regarding my earnings to ESA cause the construction site was abit dodgy it had few workers that worked without paying tax and stuff, none of my concern but you know..

    As mentioned the DWP can demand from your employer (i.e. not you) this information is provided, if it is not provided by the employer the DWP can refer the case to the Crown Prosecution Service -to go after your employer (not you)- for failing to provide the information.
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