Permitted work

Littlemsblu

Hi I'm in the support group for esa contributions based and am considering trying some permitted work to test my ability to manage some part time work before jumping in and perhaps not managing.

One job I saw is a fractional contract at a university just working the university term which means it would be around 20hrs a week but only over 34ish weeks a year.

I found the following in a government advice paper on permitted work but not sure if I'm misinterpreting it:

"16 hour limit
Where the hours limit applies, the claimant cannot work for 16 hours or more a week. For the purposes of determining whether the person meets this requirement, if their working hours fluctuate their hours are averaged over the current week and the four preceding weeks, or if there is a “recognisable cycle” of work, over the period of that cycle"

So it seems to say that if you don't work every week/hours fluctuate it can be averaged but it doesn't totally specificy what a *cycle* is... Would a yearly pattern likely be seen as a recognisable cycle? Also fluctuate and fractional are technically different things.

Just to add I'm not trying to play the system or break any rules I'm just finding it hard to understand if a job like this would mean I would lose my esa for the 34 weeks and be able to claim on the weeks I'm not working or whether it may be considered under permitted work/supported permitted work rules at all? I've tried calling but can't get through.

Thanks in advance for any help offered. :cool:

calcotti

Will be able interested to see what others think but I would suggest trying to get a answer from DWP in advance because intimately the decision is down to an individual decision maker.

I am not sure whether averaging hours over a whole year in these circumstances is what is intended but averaging of hours can include weeks in which no work is done.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/804872/dmgch41.pdf
See para 41213 onwards and 41346 onwards.

I assume that you will only be paid in the term time and will receive nothing in the holiday period. I don’t know what your rate of pay will be but you also need to pay attention to the earnings limit of £131.50/week. Averaging of pay is, as I understand it, not done to include any weeks in which no pay is actually received and would not therefore be averaged over the whole year.

There is guidance here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/811525/dmgch15.pdf
Paragraphs 15400 onwards.

The rules are complex and as per my opening comment down to a Decision Maker to interpret.

TELLIT01

I would be very surprised if working hours were averaged over the year, even in a situation where it is known that the claimant will only work 34 weeks. There would be 20 hours work in every working week.
One potential option may be for the employer to calculate the pay on an annualised basis and pay 1/12th of that per month. That may work to bring the earnings figure down. Do bear in mind, it's not simply a matter of working less than 16 hours, the earnings must be below the limit too.
As calcotti has said, this really should the asked of a DM before starting the job.