confused about ESA

[misty51]

I work 15 hours a week, and I thought that I could claim ESA if I worked less than 16 hours a week. When I phoned to apply, I was told that I have to be out of work with a doctors certificate to claim. Is this right? I am unable to work longer hours because of fibromyalgia among other things. Any advice would be great. thanks.

[ukmsmi4]

Hi

I've attached the gov.uk page that details eligibility for ESA.

gov.uk/employment-support-a...

No you don't have to be out of work to claim (according to their own website) because if you work less than 16 hours and earn less than £104 pw then it is classed as permitted work. But I would check that out first because if I remember correctly, I think I did see some paper work somewhere that said you can only do permitted work for a year, then it is expected you are fit for work.

It may help your claim if you can get a fit note from your GP that says you can only work a limited number of hours.

I must admit I'm not entirely sure because I am not able to work at all so my ESA claim is for three years before it has to be reassessed. So you do need to check it out. But like I say if I was you I would also check the rules relating to permitted work as well.

Margaret

[Fibrofoggiest]

Hi misty,

I think what you have been told may well be right, because usually working the hours you do it would be considered to be "permitted work" but I think you have to be looking for work and have the appropriate certification from your GO for them to award this. I did exactly that some 25 years ago, it was then known as "therapeutic earnings" and even though the work ended up being far from therapeutic, I did that job for 13 years (12 of which were too long) and then my health worsened and I had to give up entirely.

This is a link to a website which might be of help benefitsandwork.co.uk it has lots of information and maybe in it there will be a categoric answer to your question, but my feeling is that you were, sadly, given the right information.

Sending lots of positive vibes and wishing you the very best 😊

Foggy x

[misty51 in reply to Fibrofoggiest]

thank you Foggy.x

[ukmsmi4]

Hi Misty

I've had another look at this website

nidirect.gov.uk/permitted-w...

Unfortunately I think Foggy may well be right. I think what the site above seems to be saying is you have to be on ESA first before you are possibly allowed to do permitted work. So perhaps it is right that the fact you are already working means you are not eligible.

Sorry but on reflection, as Foggy says I think you need to check that out but you may well have been given the right information. It isn't worded clearly so it's not immediately obvious but see what CAB say.

Take care

Margaret

[misty51 in reply to ukmsmi4]

thanks Margaret.x

[TheAuthor]

I am so genuinely and sincerely sorry to read this and I want to wish you all the best of luck.

All my hopes and dreams for you

Ken

[Offcut]

If you are working then it has to be permitted work which means it has to be approved by DWP a job that meets their criteria are usually council run or charities. However if you are not working you can be put into the WRAG ESA which will mean interviews to see what work you can do with your disabilities with the hope of a job.

Support group means they consider you unfit for any work, they can review this as they choose fit. Technically you could still do permitted work but by doing so it could show that you are fit for work and they could move you back to WRAG or tell you to sign on with JSA.

You can try to claim PIP which is not means tested and you have no limits to working at all. They have changed it a great deal from when it was DLA and I would look at talking to Citizen advise first.

gov.uk/benefits-calculators This link could be you best look first.

Be Well

[Fibrofoggiest in reply to Offcut]

Hi Offcut,

You say that the jobs the DWP are likely to approve for permitted work are usually charities, or council run. I would however mention that I did two stints of "employment" under the "therapeutic earnings" which has now become "permitted work", both of which were completely outside of the criteria you mention. My first job was as a part time cook in a large private country house and the second as PA to the chairman of a design company which was in London but his office was where I lived and worked here in Devon. Therefore I don't think it is purely charitable work which is acceptable, I think nowadays that if I were to be considered fit for permitted work, I could still apply for any part time job which fulfilled my skills criteria.

Foggy x

[Offcut in reply to Fibrofoggiest]

Good to know it seems that your DWP peeps are more aware than mine are where I live. They have even insisted that my wife came in to discuss looking for work even though we told them she does work? To be told if she does not I will lose the ESA! when we got there and told them she looks after me and also does part time work 19 hours a week. The person behind the desk said "Then Why have you come In! Sorry we have messed up here"

Be Well