ESA Permitted Work (Weekly Limits)

belpye

Hi there.

I am aware that whilst on ESA I can work for up to 16 hours and earn up to £143 a week (as long as I let the DWP know by completing a permitted work form). I was recently told that you can change your limits from weekly limits to yearly ones. This could help people who do 'Gig' work, so that if they happen to earn over £143 one week but then don't earn anything for the next few months they aren't losing their benefit.

I can't find details about this anywhere, so I was wondering if anyone knew whether this was true and if so how I could go about it? 

Thanks in advance
Bel

calcotti

belpye said:

Hi there.

I am aware that whilst on ESA I can work for up to 16 hours and earn up to £143 a week (as long as I let the DWP know by completing a permitted work form). I was recently told that you can change your limits from weekly limits to yearly ones. This could help people who do 'Gig' work, so that if they happen to earn over £143 one week but then don't earn anything for the next few months they aren't losing their benefit.

I can't find details about this anywhere, so I was wondering if anyone knew whether this was true and if so how I could go about it? 

Thanks in advance
Bel

Note that the weekly limit is less than 16 hours. If you do 16 hours then you lose entitlement to ESA.

The test is a weekly test. There is no scope for you to change the period of assessment. However DWP can carry out some averaging where earnings fluctuate but the way this is done is at their discretion (although you can use the usual dispute mechanisms to challenge it if you need to). Typically a five week period would be adopted. See
ADM Chapter V3: ESA – effect of work (publishing.service.gov.uk)

Calculating the hours for permitted work
V3081 Where no recognizable cycle has been established, it is
1. the number of hours or
2. the average number of hours where the hours worked are likely to fluctuate
a claimant is expected to work in a week.
ESA Regs 13, reg 39(2)(a)

V3082 Where the number of hours a claimant works fluctuate and there is a recognizable cycle, it is over one complete cycle of work. This complete cycle includes periods in which the claimant does no work but excludes other absences such as holidays or sickness.
ESA Regs 13, reg 39(2)(b)(i)

V3083 Where the number of hours a claimant works fluctuate and there is no recognizable cycle, it is
1. over the five week period or
2. any other period to enable the average hours to be decided more accurately immediately before the date of claim, or the date a supersession decision is made.
ESA Regs 13, reg 39(2)(b)(ii); SS Act 98, s 10