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Part time work and esa

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starbuck
starbuck Community member Posts: 172 Courageous
I need some advice regarding working while claiming esa with lcwra. 
My husband is physically and cognitively disabled and I am his main carer. He has 10 hours with direct payments but so far his attempts at employing a pa have been disastrous. That's a long story but I won't bore you with it here. 
We have two adult children living at home, both disabled. They are both autistic and adhd, have terrible anxiety but are otherwise fit and healthy. Neither of them go anywhere alone unless absolutely necessary. 
My husband enjoys it when one of them goes out with him into town or the nearest city - they love looking round the shops with him and they help each other on the bus. They are all pretty much caring for each other when they are out. 
My husband has asked if he would be allowed to employ one of them as his pa as they understand his speech problems and are physically able to keep up with him (a problem we've had with pa's in the past). 
I've never heard of this being done before but oddly someone who was dealing with my  husband's sight loss a few years ago asked if there was anyone in the family who could help him. 
If one of them was allowed to be his pa, would that affect their own esa? They have lcwra because they can't go out alone but they are comfortable with their father. 
It seems counter-intuitive for someone who needs help getting out and about getting paid to help someone else who has similar problems but is allowed? It would save a huge headache of finding and hiring a pa and would help one of the kids with their confidence and anxiety, I'm sure. 

Comments

  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2023
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    starbuck said:
    I need some advice regarding working while claiming esa with lcwra. 
    ..I am his main carer. ..
    We have two adult children living at home, both disabled. ..
    ...
    LCWRA is part of Universal Credit. Could you clarify exactly what he is claiming. If it is ESA could you confirm whether it is new style ESA or the old type of ESA?

    What other benefits do he or you and your children receive? 

    I am not familiar with rules on employing a PA. It’s not something to be taken into lightly. There is some general guidance here
    https://www.scope.org.uk/advice-and-support/employing-personal-assistant-legally/
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • starbuck
    starbuck Community member Posts: 172 Courageous
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    Our kids both claim pip, and one claims income based esa, the other universal credit. 
  • poppy123456
    poppy123456 Community member Posts: 56,109 Disability Gamechanger
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    I've had experience myself with employing a PA and you shouldn't employ either of them without first speaking to your Local Authority to see if that's allowed. You will need to check that the direct payments can be used to pay either of them before doing anything else. Some will allow this and some won't.

    If it's agreed and you employ the one that's claiming ESA they will need to tell ESA they are working and they will need to fill out the PW1 form (permitted work) they must make sure they don't earn anymore than £152/week after deductions and work less than 16 hours per week. https://www.gov.uk/government/publications/employment-and-support-allowance-permitted-work-form/permitted-work-factsheet

    If it's the one that's claiming UC then they will need to report the changes onto their journal and tell them they've started work. If they've been found to have either LCW or LCWRA then they will be entitled to the work allowance, this means they can earn a certain amount of money each month before any deductions apply. As they are living at home with you then they won't be claiming for help with any rent so they will be able to earn £573/month before the 55% deductions apply.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • starbuck
    starbuck Community member Posts: 172 Courageous
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  • durhamjaide2001
    durhamjaide2001 Community Co-Production Group, Scope Member Posts: 11,128 Disability Gamechanger
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    I'm glad you have managed to seek the right help you deserve. I love your username as well. 
  • starbuck
    starbuck Community member Posts: 172 Courageous
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    Haha, thankyou - I loved Moby **** 😊
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