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Permitted Work with a zero hour contract, with Employment and Support allowance

GJT3148

I am wandering how you get around the permitted work rules to keep DWP happy and to secure the rest of my benefits, if you are undertaking a zero hour contract job, which would see me doing on average no more than 44 hours a month at £12 per hour. Which if you averaged it out per week based on 11 hrs would bring well under the £143.00 limit.

Im stuck on this and need assistance.

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Comments

poppy123456

Hi,
Permitted works rules mean you must work less than 16 hours per week and earn no more than £143 per week. If you do more than this then your ESA will end. I don’t believe you can average out the hours you work.
Also do be aware that if the work you do contradicts the reasons why you’re claiming ESA then you could be reassessed early and the decision could go against you.

You also need to make sure you tell DWP that you’re working and you need to fill out the PW1 form.

calcotti

How often will you be paid?

GJT3148

Thanks for the feedback, I did pretty much know all of what you have just said so its good to her it again. I find it hard to believe this scenario hasn't come up before when dealing with zero hour contracts.

calcotti

calcotti said:

How often will you be paid?

GJT3148

Calcoti, I will be paid monthly 44 hours no more, and there will be no dates on the hours that I worked just total number of hours.

calcotti

If you are paid monthly DWP will take your weekly earnings as the monthly pay x 12 / 52. If this results in a figure less than £143 you are OK.
The hours can be similarly calculated.

GJT3148

Thats fine but the nature of my particular job (shipping unloading), is reliant on when the ships come in. So i may have to do more work one week and nothing the next, bit it will never exceed 44 hrs in any given month. This is my concern which I need assurance on that it is ok before I proceed.

calcotti

GJT3148 said:

Thats fine but the nature of my particular job (shipping unloading), is reliant on when the ships come in. So i may have to do more work one week and nothing the next, bit it will never exceed 44 hrs in any given month. This is my concern which I need assurance on that it is ok before I proceed.

That’s why I asked how often you are paid. As already explained, if you are paid monthly DWP will take the monthly amount x 52 / 12 to calculate a weekly equivalent.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/977332/admv4.pdf#page33
Paragraph V4800
This is the guidance for new style ESA.
There is similar guidance for older ESA.

If you were paid weekly the answer would be different.

GJT3148

Yes sorry it took me a while to understand the message but ive done the maths and based on the hourly rate and your equation, I can earn 51 hours safely and that puts me at £141.23.

GJT3148

I appreciate everyones help tonight its helped me greatly thanks.

Tori_Scope

I'm glad our members have been able to clear that up for you @GJT3148

Please do ask if you have any further questions.

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