New ESA claim while working

[gmboy]

Is it possible to apply for ESA while contracted to do a small number of hours work per week, with a view to doing this as supported permitted work? If so, how would I go about this? I am off sick at the moment. Would I need to remain not at work until...when? After ESA application is submitted? Until a decision is made? Thanks.

[honeybee13]

Hello there.

 

Is your employer paying you SSP [statutory sick pay] at the moment?

 

And do you think your illness is likely to be long term?

 

HB

[gmboy]

My latest payslip shows some SSP, though I'm getting some contractual sick pay too. I'm in my redundancy notice period (from full time post) and have already checked out ESA versus JSA with a benefits worker, and I'll be applying for ESA. If I can't keep hold of a few hours in this job I will not be actively seeking other work for the time being, because health and life need a good bit of sorting and I believe I would need some support to access a new workplace, which is not available in my current circumstances (in part due to recently joining a very long NHS waiting list).

 

So, in short, yes to both your questions.

Edited March 20, 2016 by gmboy

[honeybee13]

Thank you for the information.

 

When I applied for ESA [iB in my case, but I think the rules are the same], it was after my SSP ran out at 28 weeks. I don't think you can have both.

 

Will both forms of sick pay cease once you're redundant?

 

HB

[gmboy]

My hope would be to avoid any unemployment I.e. at the end of the redundancy period, if possible, take on a few hours per week essentially doing a small part of my current job (from which I am being made redundant as the work is substantially reduced). I really appreciate your efforts to respond - nobody else has on any other fora - I'm really just needing to know the original question. In the event of being out of work I was told by the benefits worker there are 2 options: JSA and ESA. There was no mention of SSP, so I have a feeling this may not be relevant. If at all possible, the ideal would be to apply for ESA and supported permitted work the day after my redundancy notice period and do the 6 hours. So, is this possible? If I can't initiate supported permitted work at the same time as applying for ESA I will need to forego the idea of any work until the benefits application is sorted, or at least underway. Doing it that way reduces my chances of keeping hold of the small but of work and would diminish my employment rights.

 

It's an unusual situation, I know, so I may need to contact the DWP (or get some to on my behalf) and speak to someone who knows all the ins and outs.

[honeybee13]

Yes, it's an unusual situation.

 

Other people here know more than I do about the intricacies of the ESA system, hopefully they will see your thread later.

 

HB

[reallymadwoman]

As HB said, you cannot claim ESA whilst being paid SSP. Once SSP ceases, you can claim ESA.

 

Regarding working, I've never seen or heard of a similar situation. I suspect it is possible but I also suspect that it's so unusual it will cause enormous problems with your claim, both initially and ongoing. It's hard enough to be found not fit for work under the ESA regs, by working from the outset you will be pretty much ensuring you fail the assessment. This isn't any judgement on my part as to whether you meet the criteria or not, just an opinion based on experience.

 

Could you perhaps allow a week or two between redundancy and starting work, even if you have to call it a holiday to your employer? That would at least get you over the initial hurdle of the claims processors not knowing what to do with you.

[gmboy]

Thanks for the replies. Going by the gov info about SSP, I wouldn't be eligible if working the 6 hours, so any sick pay would be purely contractual. I don't know if that makes a difference. (Or a bit of unpaid leave could be another way round it, so as not to complicate it with any income while getting everything started with the benefits application.) Anyway, it looks like there is a basis for a conversation pending checking out a couple of other things.

[gmboy]

Citizens Advice said that permitted work is available for all on ESA. I didn't note down the exact wording, but referred to something like "all applicants". The information, on both gov.uk and on the Citizens' Advice intranet, didn't specify WRAG and Support Group and therefore assessment stage applicants are not excluded from permitted work.

Edited March 21, 2016 by gmboy

[reallymadwoman]

I'm sure that's correct, however I doubt the staff processing new claims come across people who are still working, regardless of how few hours, very often, so it's likely to cause issues there which may or may not be resolved quite quickly.

Also, the assessment handbook specifically states that the assessor should disregard any permitted work that someone is doing, and under a fair system it probably would be disregarded as an indicator of that persons fitness for work generally, however the assessments are not fair and it will almost certainly be counted against you.

 

I wouldn't suggest that you don't do the work if you are able and it's available, that is a matter entirely for yourself, however you need to be aware that whatever the rules or guidance, it is likely to cause you problems.

[gmboy]

I know lots of people have difficult experiences and outright unfairness. You had suggested this in your previous post. Of course a wise decision considers factors other than theoretical information, it's just that this particular piece of information is not easy to find. I wanted to post the information for anyone reading this thread in future. I would be extremely frustrated to think I was about to find out an elusive answer, only for the trail to run cold.

[honeybee13]

I know lots of people have difficult experiences and outright unfairness. You had suggested this in your previous post. Of course a wise decision considers factors other than theoretical information, it's just that this particular piece of information is not easy to find. I wanted to post the information for anyone reading this thread in future. I would be extremely frustrated to think I was about to find out an elusive answer, only for the trail to run cold.

 

As I've said before, your situation is rare, which could be why you're having trouble finding out the answers. In all the time I've been on this forum, I don't remember this situation cropping up. Have you rung the DWP and asked them?

 

I'm not an employment expert, but you mention your contractual sick pay continuing to be paid and your concerns about your employment rights if you don't carry on doing a few hours. It doesn't sound like a normal redundancy from what you're saying.

 

I mention this because of my own assessment. I had come to the end of SSP and was being paid by my company's insurance policy, less an offset for IB/ESA, which is common practice. The doctor asked a question that elicited and answer that I was technically employed, although I couldn't do the job and had been receiving SSP. His response that the fraud investigators were on the next floor up and he could easily call them. Luckily, my OH was there and managed to explain the rules to the doctor.

 

I'm afraid I agree with RMW, I'm afraid, the system isn't necessarily fair.

 

HB

[gmboy]

As I've said before,

I'm afraid I agree with RMW, I'm afraid, the system isn't necessarily fair.

 

HB

 

Yes, this has been said before.