ESA - *really* need some help.. [RESULTS ARE IN - PAGE 2]

Jase_
Jase_ Posts: 20
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edited 31 July 2018 at 11:38AM in Benefits & tax credits
I'm in such a panic.


I'm currently claiming ESA (assessment phase) - now I've taken on a 5 hour per week night time cleaning job - been doing that since August 2017. I've only taken it on because it's unsociable hours and I don't have to see anybody.



I roughly get paid £38 per week, so it's around £150 per month. On Friday I received a letter from the DWP which was my P45 - they've kicked me off ESA. I rang them immediately and the woman I spoke with looked through my notes and even she was confused - she told me I'm nowhere near the threshold of what I'm allowed to earn while claiming ESA and she believes the decision maker has looked at my wage slips and has thought "oh well he's earning £150 per week" - she said she believes it's human error. She said somebody will be in touch with me on either Monday or Tuesday.


I've worked myself into such a state. Do you guys think this is a genuine mistake on their part? I thought I could work such limited hours (isn't it up to 16?!) without it effecting my benefit.


Any help would be much appreciated.
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Comments

  • huckster
    huckster Posts: 4,789
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    Yes i think it is up to 16 hours a week as permitted work.

    Did you contact ESA before you started this work to confirm the details ?
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • Jase_
    Jase_ Posts: 20
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    huckster wrote: »
    Yes i think it is up to 16 hours a week as permitted work.

    Did you contact ESA before you started this work to confirm the details ?


    No as I genuinely only thought you had to contact them when it was over 16 hours. I got a letter last month from the DWP saying HMRC had been in touch and they just asked me if I'd send them my wage slips which I did immediately.



    I'm at a complete loss as to why they would do this.
  • huckster
    huckster Posts: 4,789
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    Had you discussed this with ESA, it could well have avoided this.

    You always have to advise DWP benefits departments of any change in circumstances, otherwise they will close claims.

    Hopefully next week, once your work information is verified, ESA will re-open your claim.
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • Jase_
    Jase_ Posts: 20
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    I received a letter today stating


    "We cannot pay you an allowance from 8 June. This is because:


    Your earnings exceed the permitted work limit"


    Just HOW?! When they VERY clearly don't exceed the permitted work limit.
  • poppy12345
    poppy12345 Posts: 17,841
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    Jase_ wrote: »
    I received a letter today stating


    "We cannot pay you an allowance from 8 June. This is because:


    Your earnings exceed the permitted work limit"


    Just HOW?! When they VERY clearly don't exceed the permitted work limit.
    You didn't inform them of the permitted work you were doing and you MUST tell them, as stated here in this link.
    https://www.entitledto.co.uk/help/Permitted-Work-Rules
  • Jase_
    Jase_ Posts: 20
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    poppy12345 wrote: »
    You didn't inform them of the permitted work you were doing and you MUST tell them, as stated here in this link.


    Well this needed to be made a lot clearer to me - even my advisor at the Jobcentre (before I started my ESA claim) said as long as I'm working under 16 hours, I didn't need to get onto the DWP about it.


    The letter claims my claim has ended because I'm earning more than what is allowed which is false information - nowhere in the letter does it state that my claim has been suspended because I failed to inform them of my (extremely limited) part-time work.
  • poppy12345
    poppy12345 Posts: 17,841
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    Jase_ wrote: »
    Well this needed to be made a lot clearer to me - even my advisor at the Jobcentre (before I started my ESA claim) said as long as I'm working under 16 hours, I didn't need to get onto the DWP about it.


    The letter claims my claim has ended because I'm earning more than what is allowed which is false information - nowhere in the letter does it state that my claim has been suspended because I failed to inform them of my (extremely limited) part-time work.
    It makes no difference if it's extremely limited work, you still need to tell them.



    The only way you'll get your answers is to ring them Monday morning, they open at 8am.
  • Jase_
    Jase_ Posts: 20
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    And as I've said, the rules regarding work in general while being on ESA needs to be made a lot clearer to claimants.



    It's absolutely disgusting that they can just stop a claim and send out a letter saying "soz, no more money for you, you're earning too much" when it's not in any way correct. It's not even about me at this point - I think of the unfortunate people who receive letters like this and are in a much worse place mentally than I am. What if a "human error" on the DWP's part causes somebody to do something stupid? I'm just revolted.
  • Jase_
    Jase_ Posts: 20
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    It's ironic - I have an ESA medical (home visit) this coming Wednesday. Ironic because I'm having a medical for a benefit I've been told I'm no longer in receipt of. No idea what to do about that.
  • poppy12345
    poppy12345 Posts: 17,841
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    Jase_ wrote: »
    And as I've said, the rules regarding work in general while being on ESA needs to be made a lot clearer to claimants.
    You seem to know everything else about permitted work, i'm surprised you didn't know you had to tell them. It clearly states on all letters that all changes must be reported.
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