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Permitted Work: What happens when I'm migrated from Contribution Based ESA to UC?

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RenabledStu
RenabledStu Community member Posts: 9 Listener
Hi I currently work up to 16hrs a week under Permitted Work.

I'm dreading being moved to UC as some searching online reveals UC doesn't have a Permitted Work scheme, just that you're "encouraged" to work.

How will this affect me?

Thanks

Comments

  • poppy123456
    poppy123456 Community member Posts: 56,156 Disability Gamechanger
    edited February 2022
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    Those on CB based ESA will not be moved to UC because it's not part of UC.
    Incase anyone else see this, those that claim UC and have LCWRA/LCW or have children on their claim will have a work allowance, which means part of your earnings are ignored before the deductions apply. If you claim for help with the rent your work allowance will be £337 per month, if you don't it will be £557 per month. Work allowance increases slightly each April. https://www.gov.uk/government/publications/universal-credit-work-allowances/universal-credit-work-allowances
    For permitted work with ESA it is less than 16 hours per week, not up to 16 hours.



    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • RenabledStu
    RenabledStu Community member Posts: 9 Listener
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    Thanks for the info. So as I've no kids, and I live with my partner that works and owns the house (ie I pay no rent but do contribute 50% of the bills and her mortgage) would I be better off on UC? Not sure I follow on your 16 hours peer week stipulation. They both look identical to me and my zero hour contract is for "up to" 16 hours a week.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2022
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    ..would I be better off on UC? 
    If you have no income based entitlement then no. You can use a benefits calculator to check but in all likelihood there would be no UC entitlement.
    https://www.gov.uk/benefits-calculators
    Entitlement is based on your joint circumstances (and you both have to claim) so your joint savings and your husband's income is taken into account. If you have savings of more than £16,000 then you cannot claim UC.
    Not sure I follow on your 16 hours peer week stipulation. They both look identical to me and my zero hour contract is for "up to" 16 hours a week.
    They are not identical. If you were to work for 16 hours then that exceeds the Permitted Work rules of less than 16 hours and ESA entitlement would end.
    15.9 hours is OK, 16 hours is not.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • RenabledStu
    RenabledStu Community member Posts: 9 Listener
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    Thanks, I'll keep that in mind if they question my wage slips that say 16 hours. I'll say it's rounded from 15.99999999999999999999 :wink:
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    Thanks, I'll keep that in mind if they question my wage slips that say 16 hours. I'll say it's rounded from 15.99999999999999999999 :wink:
    You really don't want wageslips showing 16 hours/week. If DWP see these in the future they will say that you were not entitled to ESA and you will be expected to pay them back.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • RenabledStu
    RenabledStu Community member Posts: 9 Listener
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    It's neither here nor there since my payslips are monthly, but I'd love to see a link to someone that got knocked off for doing exactly 16 hours a week as it seems easily defensible at a tribunal.
  • poppy123456
    poppy123456 Community member Posts: 56,156 Disability Gamechanger
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    It clearly states it must be less than 16 hours per week on the gov.uk website.

    Permitted work lets you:

    • work for less than 16 hours each week
    • earn up to £143 every week after tax
    • receive your normal amount of benefit


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • RenabledStu
    RenabledStu Community member Posts: 9 Listener
    Options
    It clearly states it must be less than 16 hours per week on the gov.uk website.

    Permitted work lets you:

    • work for less than 16 hours each week
    • earn up to £143 every week after tax
    • receive your normal amount of benefit


    16 hours at 8.91 is £142.56 so all good then.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
    edited February 2022
    Options
    It clearly states it must be less than 16 hours per week on the gov.uk website.

    Permitted work lets you:

    • work for less than 16 hours each week
    • earn up to £143 every week after tax
    • receive your normal amount of benefit


    16 hours at 8.91 is £142.56 so all good then.
    It's not 16 hours OR up to £143, it's less than 16 hours AND up to £143.
    Working 16 hours at £5/hour would still fail the Permitted Work test.

    As you say, if the hours you work are not stated you're fine but if they are stated anything over 63.3 hours/month fails the test.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • RenabledStu
    RenabledStu Community member Posts: 9 Listener
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    Whether I do one hour a week at £142.56 an hour, or 15.9999 at 8.91 is irrelevant when the wage slips never show the hours worked. Just a total, NI, Tax and NET.

    Has anyone here been thrown off ESA for a rounding error to 16 hours exactly?


  • poppy123456
    poppy123456 Community member Posts: 56,156 Disability Gamechanger
    Options
    Whether I do one hour a week at £142.56 an hour, or 15.9999 at 8.91 is irrelevant when the wage slips never show the hours worked. Just a total, NI, Tax and NET.


    That's different to what you said here.
    Thanks, I'll keep that in mind if they question my wage slips that say 16 hours. I'll say it's rounded from 15.99999999999999999999 :wink:

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • RenabledStu
    RenabledStu Community member Posts: 9 Listener
    Options
    I meant on my time sheets.

    Wow the pedantry on this site. Think I'll go elsewhere
  • poppy123456
    poppy123456 Community member Posts: 56,156 Disability Gamechanger
    edited February 2022
    Options
    To be fair there’s a difference in keeping your ESA when working less than 16 hours or losing it if you do 16 hours. It wouldn’t be right if we gave incorrect advice would it. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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