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Difficulties understanding the ESA rules

Tiredeyes

I'm having real difficulties understanding the ESA rules. What do they count as earnings? Is it your actual turnover or is it income minus allowable expenses? Its doing my head in
Also does anyone know if i move in with my partner what happens to my ESA if I'm in the support group and its income based?
help someone!

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poppy123456

HI and welcome,

Are you doing permitted work for yourself? If so are you self employed? If you're doing permitted work then you need to get permission from DWP to do this. Any earnings you receive of more than £131.50 per week then you won't be entitled to ESA for those weeks and your ESA will end.

Your next questions. If all of your ESA is income related and your partner works more than 24 hours per week then you will not be entitled to any ESA. Your claim can remain open for NI Credits towards your state pension but doing this you will still need to be reassessed as if you were receiving the money.

All changes must be reported.

Tiredeyes

Hi yes am sf employed and dwp know about this my earnings are quite small and I've always done my tax returns
I prob will work if we move in together but it's a community job so I wont be in an office environment I will be out In the field so it should hopefully work
And yes my ESA will stop I know
Thanks for the advice ?

Chloe_Alumni

Welcome to the community @Tiredeyes, is there anything else we can do to help?

Tiredeyes

I have been told i can still get contribution based esa if i move in with my partner as i dont work full time and am in the support group, however it depends on my national insurance contributions - i am going to see citizens advice this week as they will know the rules better -

poppy123456

I do know the rules. If all of your ESA claim is income related you will not be able to claim contributions based. If part of your ESA is Contributions based with an income related top up then moving in with your partners means you will lose the income related part of your claim and just receive the contribution based, which is £111.65 per week.

To find out exactly what your ESA claim is then you can ring DWP and ask, they will tell if part of your ESA is contributions based. If it isn’t then all of your ESA will end if you move in with your partner that works.

Chloe_Alumni

Hi @Tiredeyes, I hope this has helped. We wish you the best of luck and please do let us know how you get on.

Alice_Holt

Tiredeyes said:

I have been told i can still get contribution based esa if i move in with my partner as i dont work full time and am in the support group, however it depends on my national insurance contributions - i am going to see citizens advice this week as they will know the rules better -

If you are currently receiving contribution based ESA and in the Support Group, then this £111 element will continue for as long as future WCA's continue to place you in the SG - regardless of household income and savings.

The permitted work rules are rather complicated - you must (each week) work under 16 hours, and earning no more than £131.50.
https://www.gov.uk/government/publications/employment-and-support-allowance-permitted-work-form/permitted-work-factsheet

If you exceeded the earnings limit in any week, then you would your entitlement to ESA for that week (I believe).
The complicated bit may:
a) how does the PW earnings definition relate to s/e profits; &
b) be how are s/e profits calculated weekly (for the PW rules) when the Tax treatment looks at income / expenses and hence profit annually.

You might want to see if citizens advice can get you any guidance on this. Take you award letters with you to the CAB, and / or ring the ESA line to establish that your ESA (or part of) is contribution based (per poppy's post).

Edit: Apologies to poppy for following her around the boards. I do keep posting after her posts (and often repeat things).

poppy123456

@Alice_Holt no worries at all. Great advice, as always