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Self employed permitted work on esa

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darinfan
darinfan Community member Posts: 35 Connected
Hi all. I got the go ahead for self employed permitted work on esa at the end of last year.  I have been told by various people that self employed earnings is averaged out over 52 weeks.  But I STILL haven't been told that by the dwp.  I have rung and asked.  They don't know what I'm talking about.  I have written and asked.  No reply at all.  It's not that I disbelieve what others have told me, it's that I want it in writing so I have proof.  It's quite important when writing, as I might work for 12 weeks (for example) on a book and then get income from it in a short space of time when the book goes live.  But obviously I didn't actually earn all that money in a week, but over three months while doing the writing.  

So does anyone have any idea how to get such a simple "it works like this" answer from dwp?  Who should I contact and how?  Would the job centre help or would they be as clueless as the people on the dwp phone line?  I'm getting very frustrated that esa support group have absolutely no point of contact when asking questions of any kind.

Comments

  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • darinfan
    darinfan Community member Posts: 35 Connected
    edited March 2023
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    The problem with the guidance is it provides no concrete answers.  Paragraph v5052 just says that the assessment period should be of a length can accurately assess the current level of earnings.  Theres no answer there to say how long it should definitely be. This is why I need, somehow, to speak to someone.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    darinfan said:
    The problem with the guidance is it provides no concrete answers.  Paragraph v5052 just says that the assessment period should be of a length can accurately assess the current level of earnings.  Theres no answer there to say how long it should definitely be. This is why I need, somehow, to speak to someone.
    A decision has to be made by a Decision Maker based on the circumstances. Therefore there isn't a definite answer until your case is assessed. What the document sets out however is what you can reasonably expect.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • darinfan
    darinfan Community member Posts: 35 Connected
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    calcotti said:
    darinfan said:
    The problem with the guidance is it provides no concrete answers.  Paragraph v5052 just says that the assessment period should be of a length can accurately assess the current level of earnings.  Theres no answer there to say how long it should definitely be. This is why I need, somehow, to speak to someone.
    A decision has to be made by a Decision Maker based on the circumstances. Therefore there isn't a definite answer until your case is assessed. What the document sets out however is what you can reasonably expect.
    I realise that.  But they haven't set out anything at all. Not even the length of assessment period.  I am three months in, they have my first 5 weeks of earnings, and they haven't even mentioned the subject to me.  I'm in complete limbo. 
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    It seems to be fairly clear
    V5053  If the business has been trading for more than a year and there is no change likely to affect the normal pattern of business, the assessment period should be a year

    In the current situation (because you haven't yet traded for a year)

    V5052  If the business has been trading for less than a year, the assessment period should be a period that will allow the DM to calculate the earnings most accurately.

    So it's down to a DM. You can either chase them and they will then come to some decision or you can leave it alone and when they eventually look at it there will be a longer period of time for them to look at.


    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • nottoosure
    nottoosure Community member Posts: 4 Listener
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    Hi Darinfan

    Just wondering roughly how long it took to get a response after completing your permitted work form? If you can remember!
    I sent my form almost 2 months ago and wondered if there is quite a delay in their response time.
    Thanks!
  • darinfan
    darinfan Community member Posts: 35 Connected
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    Hi Darinfan

    Just wondering roughly how long it took to get a response after completing your permitted work form? If you can remember!
    I sent my form almost 2 months ago and wondered if there is quite a delay in their response time.
    Thanks!
    I would ring them.  Mine was sent off at the end of November.  Because of the post strike delays, I rang them just before Christmas, and got told it was accepted.  I got the letter just into the new year.  So about five weeks in total.- including Christmas and post strikes.   So, give them a call.  Your letter could be missing in the post, or perhaps it somehow got missed.  Good luck (and make sure your phone  battery is charged as the queues are loooooong.)!
  • nottoosure
    nottoosure Community member Posts: 4 Listener
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    Thank you, that's helpful to know, I'll give them a call 👍
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