Earning and New Style ESA

sueg5

Hi, I have applied for the role of Fee Paid Disability Tribunal Member, sitting on PIP tribunals. Obviously something I feel is really important as I get PIP and want to support others claiming it. However, I’m worried how the fee, which is £250 for one sitting will affect my ESA. I applied because for the role it’s only one day every three or four weeks so I’ll only be doing that. Will I completely lose my ESA on the week I earn the £250 (which is fine) or will they average it out over a month or a year? I have Crohn’s Disease, Spondyloarthritis and Fibromyalgia so would never manage to do more hours than that and to be honest I’m not even sure I can manage that, but hope to try.

Kiki23

Hi Sue,

Have you heard of something called permitted work???

If not perhaps it may be worth looking in to or giving them a call…

Im on it myself. You can earn up to £195.00 a week (I know you have mentioned £250 but perhaps you could work less to qualify as im not too sure if earning £250 in 1 week is allowed even though you would only be doing it once a month?)

All the best

https://www.gov.uk/government/publications/employment-and-support-allowance-permitted-work-form/permitted-work-factsheet

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/working-while-getting-esa/

sueg5

Thanks for your reply. That’s the problem, it’s like a fee rather than a wage so you get paid £250 as there’s no less for doing a day. It’s a funny situation. Obviously I don’t mind losing one weeks ESA if I have earned over the limit, but would prefer to approach the DWP with an understanding of how it might work. You never know who you’re going to get on the end of that phone.

Kiki23

https://forum.scope.org.uk/discussion/comment/1042435#Comment_1042435

I still think its worth a try speaking to someone from DWP and who knows you may get the right person to speak to. Also, due to the nature of the job there may be a loophole somewhere that will allow you to do it. What have you got to loose by asking?

I remember seeing an interesting news post a while back of a magistrate who was doing permitted work. Reading your post triggered my memory of it…

Ill try to find the post and link it on here

https://www.disabilitynewsservice.com/disabled-tribunal-member-takes-step-towards-legal-action-against-dwp-over-years-of-persecution/

OverlyAnxious

Hi,

Permitted Work earnings can be averaged on a case by case basis.

If this will be exactly once every 4 weeks for example, then that is how they will average it.

If it could be every 3 or 4 weeks without a set cycle then it will generally be averaged over a 5 week period.

This average should be discussed when you contact ESA about the Permitted Work.

sueg5

Thank you both. I think I will give them a call and discuss it.

flour

Hello @sueg5

I appreciate as your becoming trained in such an important role you'll be used to doing your own research etc…

Can I point you in the direct of the decision makers guide for ESA and suggest you have a browse of the 'Exceptions to the general rule' section - you may be pleasantly surprised.

https://assets.publishing.service.gov.uk/media/67ffb349694d57c6b1cf8e16/dmgch41.pdf

Notable in paragraph 41155. I hope this is good news and useful to you.

Good luck and I hope you find the role rewarding.