Advice Needed: New Style ESA & Mandatory Training Exceeding Permitted Work Limits

CLLC

Hi everyone,

I'm hoping for some advice as I'm in a tricky situation and feeling very worried.

I'm on 'New Style' ESA and am excited to be starting a new job. The regular weekly hours and pay are within the permitted work limits (less than 16 hours and under £195.50).

However, my employer requires me to complete a mandatory 3-day training course in the first week. This is a one-off event, but it means that for that single week, both my hours and my earnings will go over the permitted work limits.

I was told by someone that if I get a letter from my employer explaining the situation, a DWP Decision Maker can use their discretion to make an exception for the mandatory training, and my ESA claim won't be stopped. I'm not sure if this is correct, and I can't risk losing my ESA.

When I called the DWP, they just said they would send me a PW1 form and confirmed I am allowed to start work before they have processed it.

Could anyone offer some clarity on this? My main questions are:

Is it true that a DWP Decision Maker can overlook a temporary breach of the rules for a one-off, mandatory training course?

What actually happens if you go over the limits for just one week? Does your claim stop automatically?

I really want this job, but I need to be sure I'm handling this correctly to protect my benefits.

Any advice would be greatly appreciated.

Thank you

Newcad

As you say, tricky.

Firstly, in law it is called "Exempt Work", there is nothing in the legislation about needing 'permission'. So what they said about starting doing Exempt Work without telling them is correct.

Now for the tricky bit: (and a professional adviser isn't supposed to tell you this, but I'm just a friend having a chat).

If you go over the Exempt Work hours/pay then as you know ESA will stop. No if's no but's you have worked too much for ESA.

However if it's only one week but you don't tell them until after it has happened then a Decision Maker can/could say that you did not qualify for ESA that week, but have qualified again since. So they could decide to stop ESA for that one week only.

There is a legal term for that, (but claimants aren't supposed to use it).

I think that is what the person you spoke to at the DWP was hinting at without saying it - send in a PW1 form, but take a week or two after the training to send it in by which time you will be doing the regular hours/wages.

There is a Potential Problem - The DM could decide to stop ESA anyway, and if they do then it would be tribunal time, where you would learn that legal name for the process).