Change of circumstances- is this even legal???

FlatIron84

Hi everyone, I’m not exactly sure where to start with this to be honest…but I’m not sure this is even legal?!?

I have MS and have been in receipt of PIP for several years. Following my latest review this spring, I was awarded enhanced rate on both daily living and mobility for five years. I’ve also had breast cancer and am in remission but still medicated with Tamoxifen.

I do a few hours each week on a self employed basis (bit of blog writing etc), but the isolation has caused my mental health to deteriorate over the last few years. The DWP are well aware of this and it hasn’t ever impacted my eligibility.

However, I have recently been verbally offered a job at a local infants school as I’m SEN trained and can speak some Makaton supporting a little girl with special needs 3 hours a day, 3 days per week on a temporary basis.

The school are well aware of my disability, have a car park five metres away I can use, ramps and all rooms are on the ground floor, so I was considering taking the job as it’s something I’ve always wanted to do.

Although I’m aware you don’t need to tell the DWP that you have a new job, i wanted to be 100% transparent with them about the role BEFORE I signed a contract or started (it would have been September I started the role).

Basically after a phone call today with the DWP they wanted to suspend my PIP PRIOR to me even starting the job which would leave me in financial hardship. When I explained I’d not seen a contract (and therefore not seen the terms and conditions or accomodations for my disability) or signed it, he relented and said he’d just put a note on the system for my case worker.

I also said I wasn’t even certain I could do 3 hours per day (although I’d no longer be doing the self employment thing if I did take the job), but I wanted to see the contract first before I made a decision.

He’s told me I need to call back once the school reopens in September with an update, and now I feel like that me being open with them has created me a huge issue and the potential for yet another harrowing reassessment when I’ve literally had one six months ago, even though I’ve not formally accepted or started the job!

All I wanted was to feel useful again after years of disability and now this. Is this even legal? Can they use this as a change of circumstance even if I turn down the job? (which it looks like I’ll have to do as I can’t afford to live without my PIP as I’ll only earn minimum wage over 9 hours a week!)

Thanks for reading

rubin16

PIP is not currently means tested so people can work while receiving it. I don't get why you needed to tell DWP and also why DWP are threatening to stop your PIP.

FlatIron84

By law I didn’t need to tell them, but after talking to a teacher friend who also receives PIP she mentioned it might be in my best interests as I’ll be working in a school rather than at home which I currently do.

I’m a very open and honest person, and I get that working in a very small school might trigger the need for a reassessment, but why suspend PIP once I’ve signed a contract and not even started the job?

chiarieds

Hi @FlatIron84 - & welcome to the community. I'm very sorry for the distress that this has caused you when you were just wanting to be completely honest & open.

Firstly, when you ring the 'DWP' you are just speaking to a call handler who may have limited benefits knowledge, so some unfortunately do give very bad 'advice.'

Secondly, even if you had stressed this was a 'Change of circumstances,' as rubin intimates, & you have an understanding about, then it might trigger a reassessment, but even then your current PIP award would continue until a decision was made following such a reassessment, so generally yes, very bad advice was given.

Thirdly, you won't have a case worker, tho he might have in some shape or form noted your phone call.

I think I'd try ringing up again stressing that you have not asked for a 'Change of circumstances' & were just updating them out of courtesy. If you don't feel reassured by this, then ask to speak to a Case Manager to ensure they understand.

Part of me would perhaps ignore what was said by this person, but I think you need to know that you weren't formally asking for a 'Change of circumstances' & there's no reason whatsoever for your current PIP payments to be stopped.

You can see the 'Change of circumstances' that the DWP need to know here: https://www.gov.uk/pip/change-of-circumstances

I'm sure you'll get it sorted, & will be able to look forward to helping this little girl from Sept onwards, & I wish you both well.

FlatIron84

Thank you so much for your reply.

I must admit that the ‘advisor’ had me worried, especially when he was going to place a suspension on my payments on a job I hadn’t even started.

It’s very concerning that the quality of the information you get from the DWP PIP helpline is so questionable at times and is in direct conflict with much of the information I’ve found online on the gov.uk website.

I had a really bad experience on my last assessment, and to be honest the thought of going through another so soon fills me with utter terror, so I’m rethinking accepting the job.

It’s sad and not at all what I want to do, but I personally feel like the rules only hinder many people with disabilities from trying to work, rather than supporting them.

Again, thank you for your reply and kind words.

chiarieds

Please don't let one poor response stop you @FlatIron84 - you can claim PIP & work as do many of Scope's members too. Please try to ring again; you couldn't get much worse of a response than you have already done - I think it's perhaps the worst I've ever heard about!

So long as the work you do doesn't contradict your PIP claim, & I can't see how it could, then there won't even be a problem with your next assessment in years to come. Please follow your heart, & thank you for your kind reply.

Mary_Scope

Hi @FlatIron84 and a warm welcome to the community from me!

It sounds like you were really transparent with the DWP and so it's understandable why you're feeling frustrated by the situation.

PIP is awarded based on how your condition affects your daily life, not whether or not you work so trying a few supported hours in a new role doesn’t take away from the challenges you still face so your pip shouldn’t be taken away!

You haven’t done anything wrong by exploring this opportunity, especially since you haven’t even accepted or started the job! If you do decide to go ahead then you can always give the DWP a quick update in September.

It sounds like you're doing everything right so please try not to let this experience knock your confidence!😄