ESA Reclaim for 16 Hours Work

ohdrar

Hi OP I agree that you actually worked less than 16 hours per week going by calendar month.

Miller91 said:

Hi 

I claimed ESA for circa 18 months. My understanding was that you could work 16 hours per week and I have worked 16 hours per week (or 64 hours per calendar month so actually over the period less than 16 hours per week) and been paid circa £135 per week.  

The hours in the calendar month - 64 per calendar month is equal to 14.8 hrs per week (64*12/52).

Further, according to this website https://www.base-uk.org/permitted-work you can have the hours averaged over a 5 week period which could be of further use incase there was any outlying weeks?

It may be that the DWP are arguing over payment purely on the grounds you told them you were doing 16 hours per week. In which case the fact is you made a mistake on the form and if you can provide proof from employer that you haven't worked over 15.999 hours per week on average then the DWP will have a harder time proving you were no longer eligible for ESA.

My advice is gather up what evidence you have incl pay slips and even time sheets / clocking cards or records if possible (depends on what's available asking won't hurt though) to do a calculation and work out your average hours. (Your P45 may be of use for last year as by taking gross pay over minimum wage could give an estimate of hours that way).

That is before considering what your wages were. If you were on above NWM for an adult then different matter, only addressing the hours here.

TELLIT01

Miller91 said:

Hi 

I claimed ESA for circa 18 months. My understanding was that you could work 16 hours per week and I have worked 16 hours per week (or 64 hours per calendar month so actually over the period less than 16 hours per week) and been paid circa £135 per week.  
DWP have now written to me to reclaim the full amount £7500 because my work doesn't fall into the exempt category.
 I can only think this is because I worked 16 hours and the rules actually say less than 16 hours ... has anyone any experience with similar situations? 

Thanks

I've looked but can't find a definition of 'the exempt category'.  Does it mean that somebody has worked more than the permitted hours/earned more than allowed, or could it mean that the work they have been doing is not covered by Permitted Work rules?

ohdrar

TELLIT01 said:

Miller91 said:

Hi 

I claimed ESA for circa 18 months. My understanding was that you could work 16 hours per week and I have worked 16 hours per week (or 64 hours per calendar month so actually over the period less than 16 hours per week) and been paid circa £135 per week.  
DWP have now written to me to reclaim the full amount £7500 because my work doesn't fall into the exempt category.
 I can only think this is because I worked 16 hours and the rules actually say less than 16 hours ... has anyone any experience with similar situations? 

Thanks

I've looked but can't find a definition of 'the exempt category'.  Does it mean that somebody has worked more than the permitted hours/earned more than allowed, or could it mean that the work they have been doing is not covered by Permitted Work rules?

On the link in my post there was a section on other permitted work, I've coped it below:

Other allowed work

The following kinds of work are also allowed:

• care of a relative or domestic tasks carried out in your own home
• work done as a councillor. If you receive a councillor’s allowance that pays more than £140.00 a week (excluding expenses), an amount equal to the extra money will be deducted from your contributory employment and support allowance, incapacity benefit or severe disablement allowance.
• any activity in an emergency, to protect another person, or to prevent serious damage to property or livestock
• duties undertaken as an appeal tribunal disability member – one day a week is allowed (or two half days)
• an approved work trial arranged in writing with the employer by the DWP (or an organisation providing services to the DWP) for which you will receive no wages
• self-employed work done whilst you are 'test trading' for up to 26 weeks with help from a self-employment provider arranged by Jobcentre Plus.
• work which is so minimal that it can be regarded as trivial or negligible

A detailed breakdown is available at this link - but its technical looking and in DWP language so possibly not an easy read when compared to the above 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/959415/admv3.pdf

calcotti

In your case  think you are only concerned with 'permitted work' rules.

Spoonie_Turtle

ADM chapter V3 refers to "exempt work"
https://www.google.com/url?sa=t&source=web&rct=j&url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/959415/admv3.pdf&ved=2ahUKEwixgu-_8ZHwAhXpXRUIHTbjDqYQFjAAegQIBhAC&usg=AOvVaw0HsPO21zilenxuVXvJ1jmC

Exempt work V3055 - V3999
Categories  of  exempt work

Permitted  Work V3055 V3056 - V3089
Self-employed  test  trading V3090
Voluntary  work  V3091 -  V3093
Work placement V3094 - V3099

Edit: oops, just seen the link ohdrar posted was to that document - I hadn't clocked that, sorry!