Permitted work and DLA for mental health, will they reassess claim

[Skyz]

I was wondering what the rules are on permitted work and DLA. I have specific questions.

 

I am claiming incapacity benefit, get severe disablement allowance and DLA for a developmental disorder and mental health problems. I get the highest rate for care and have been awarded it indefinately.

 

There is a job I would like to apply for, is only 4 hours a week and I'd earn around £35. If I got it I would want to do it under the permitted work rules. I really have no idea if I am able to work or not, but I would like to try. 4 hours feels like a manageable amount to begin with. I know they would deduct my earnings over £20 from my income support.

 

What I would like to know is whether if I start even just 4 hours of work, will my claim for DLA be likely to be reassessed? I have read that if you get DLA for mental health problems, the decision to return to work is considered evidence that your health has improved and in most cases they reassess the claim. What have other peoples experiences been of this?

 

I am worried because for the last three years I have been in psychiatric day hospitals full time as an out patient and have also had about 16 in-patient admissions, so for this period I have been very ill. I was discharged recently, not because my health had improved, but because the last place I was in treatment had a maximum time limit of 2 years and hence my funding and therefore place there ran out. Now I have very little support, but I do still need support and I have been using my DLA to pay for support privately as once I was discharged there was no other support offered to me on the NHS. My GP said I needed specialist support, but because I had just been discharged from a specialist service, the PCT refused to fund my place at the service my GP recommended, so I was left with no support at all from "official" mental health services. So I decided to pay for it privately and all of my DLA pays for this. If I was to work, I would still need this support in place and therefore am especially concerned about losing DLA.

 

This makes me more worried about having my claim for DLA reassessed if I do apply for and get offered 4 hours a week of work. Before I had the security of being in full-time psychiatric treatment and professionals within the NHS who could support my claim and write the statements etc. The person I see privately works for a counselling organisation and it is unlikely to have much weight in terms of a DLA statement.

 

I don't want trying out a job to jeopodise my benefits, in case it all goes wrong and I don't manage it. I really have no idea whether I can or not. But I would like at some point to try very part time work.

 

Any advice would be very appreciated.

[Simon7685]

I am sorry I can't answer your question, hopefully someone will come along soon who can.

 

I just wanted to say :DWELL DONE YOU:D for having the courage and conviction to want to make your life better and improve your circumstances. I hope you are able to do what you are trying without any hassle from anyone and even if it did prove a bit much for you now, you have at least tried. I wish you all the luck in the world for the future!

[reallymadwoman]

Try speaking to Rethink for advice. They may also be able to help you get funding for the support you need.

[Skyz]

Thank you for your replies, I'm finding it so frustrating, I phoned the incapacity benefit number on the Direct Gov website this morning, I had to say what my post-code was and they put me through to my local job-centre plus. I spoke to 3 different people at job-centre plus and not one of them could tell me what the permitted work rules are, this is crazy!! You would think they would be supporting people back into work, not telling them they don't know the rules!

So I phoned another incapacity number and thankfully the woman knew (some) of the answers, she told me I could work for 52 weeks doing a job as permitted work, but once that 52 weeks was up, I would have to stop working and I would not be allowed to do any more work for another year. It seems so silly that you are encouraged to work, but once you do get a job you can only do that job for a year, and then you lose your benefits, if you want to continue.

She said the exception would be if I was doing supported permitted work. I am being supported by a voluntary mental health organisation which supports people with mental health problems to gain the skills needed for employment. I asked her if this would count as supported permitted work. Guess what, she doesn't know! She told me to contact my local job-centre plus, who don't know anything. I contacted my support worker and she said that they have been trying to get their organisation validated as somewhere that can supervise supported permitted work, but they cannot find anyone to help them do this and are also being passed from incapacity to job-centre plus and back again. I am finding the whole thing so frustrating and complicated.

My illness is such that it is unlikely that after 52 weeks I could move into full-time employment or work of 16 hours or more, so if I do the permitted work for 52 weeks, I would then have to stop for a year. Is it just me or is this a crazy system. You want to work, are willing to work, but can only do it for a year and then have to not work for the whole of the next year.

[kinkyklee]

dla does not stop you from workin you can still do a 40hr week and claim dla,ok i see wot your saying regarding the reaccessment but this is for your self esteem,independence etc and i would play on that,just because you are ill dont feel pushed out that you may never return to work that is your choice and i think doing 4 hours aweek is great and noone should be punished whilst still retrieving an idependent decision to return to work..think you are right they will take that £20 or wtever from your icapacity benefit but still going out of the situation for 4 hours a week its worth the 20,my hubby does the same and it keep him sane he does 3 hours..