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Help needed re working and benefit entitlement
- Elaine
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11 years 9 months ago - 11 years 9 months ago #109309 by Elaine
Help needed re working and benefit entitlement was created by Elaine
Hi, Can anyone advise me, I recently went from DLA high to low rate care and mobility, I appealed using your excellent guides, and my tribunal date was set for next week, meanwhile after an Atos medical I got moved from wrag group into the support group, then today I received a telephone call from DLA saying that they had reviewed my case and have cancelled the tribunal appeal and have awarded me high rate care and mobility again indefinably, I believe I am now also entitled to a severe disability premium, due to getting the high care rate, I also get council tax support, paying £28 per month water rates, I have a mortgage so don’t get any help with rent or housing costs. So why am I concerned, you may wonder. The problem is I have just been offered an office job with flexible hours 20 hours a week with a gross wage of £250 a week, the job is a sit down job and I can also take the work home to do, so think I could manage it, but what would be the situation with my benefits and would I be actually worse off by doing this job. I also fear that after a few weeks I will find I can’t manage it, would this then mean a completely new claim? I hope someone can offer me a bit advice as I do not have a clue of how the benefits system works, and can’t decide what to do for the best. Thank You, I hope someone can give me some help with this dilemma.

Last edit: 11 years 9 months ago by . Reason: Tick.
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- slugsta
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11 years 9 months ago #109311 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Help needed re working and benefit entitlement
Hi Elaine,
I will help with what I can and leave the rest to more experienced mods.
You might be able to get DWP to agree to your doing 'permitted work'. However, ou would need to contact them and get thei explicit consent that the work you are considering would be classed as 'permitted'. As you are in the Support Group their is no limit to the length of time you are permitted to do such work.
This would not impact on your DLA - unless the work you do directly clashes with the claims you have made on your application form (to take an extreme example, you should expect eyebrows to be raised if you were to get a job as a postman after claiming that you could not walk, or self-propel, for more than 50m).
If you were to terminate your ESA claim in order to take up work, you could reclaim within 12 weeks and linking rules would apply. After this it would be treated as a new claim and you would have to prove that you met the contributory or income-related criteria.
I will help with what I can and leave the rest to more experienced mods.
You might be able to get DWP to agree to your doing 'permitted work'. However, ou would need to contact them and get thei explicit consent that the work you are considering would be classed as 'permitted'. As you are in the Support Group their is no limit to the length of time you are permitted to do such work.
This would not impact on your DLA - unless the work you do directly clashes with the claims you have made on your application form (to take an extreme example, you should expect eyebrows to be raised if you were to get a job as a postman after claiming that you could not walk, or self-propel, for more than 50m).
If you were to terminate your ESA claim in order to take up work, you could reclaim within 12 weeks and linking rules would apply. After this it would be treated as a new claim and you would have to prove that you met the contributory or income-related criteria.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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11 years 9 months ago #109312 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help needed re working and benefit entitlement
Elaine
Based on what you have written, Permitted Work is not an option as you will exceed the maximum hours of 16 and the maximum earnings of £99.50.
With regard the DLA, this is not just an issue of your doing things that are in contradiction of your award,
Higher Rate Care means that you have been assessed as having substantial care needs during the day and the night, you should expect to be asked how those care needs will be satisfied while you are at work.
Gordon
Based on what you have written, Permitted Work is not an option as you will exceed the maximum hours of 16 and the maximum earnings of £99.50.
With regard the DLA, this is not just an issue of your doing things that are in contradiction of your award,
Higher Rate Care means that you have been assessed as having substantial care needs during the day and the night, you should expect to be asked how those care needs will be satisfied while you are at work.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 9 months ago #109313 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Help needed re working and benefit entitlement
Ah, thank you for picking this up Gordon!
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- Elaine
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11 years 9 months ago - 11 years 9 months ago #109319 by Elaine
Replied by Elaine on topic Help needed re working and benefit entitlement
Thanks Gordon, I just thought that because I would be working the majority of hours at home it might be considered acceptable, but I can see what you mean, it may at the very least raise suspicion that If I was capable of doing any sort of work, I may not be as disabled or need care at the higher rate.
Thank you both for your help and advise.
Thank you both for your help and advise.
Last edit: 11 years 9 months ago by Gordon.
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11 years 9 months ago #109323 by Gordon
I do want to be clear, working is not in itself a reason to reduce or remove your DLA and it may be that you can reasonably accommodate your care needs during the time that you are working from home, but it is something that you need to be prepared to answer questions about.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help needed re working and benefit entitlement
Elaine wrote: Thanks Gordon, I just thought that because I would be working the majority of hours at home it might be considered acceptable, but I can see what you mean, it may at the very least raise suspicion that If I was capable of doing any sort of work, I may not be as disabled or need care at the higher rate.
Thank you both for your help and advise.
I do want to be clear, working is not in itself a reason to reduce or remove your DLA and it may be that you can reasonably accommodate your care needs during the time that you are working from home, but it is something that you need to be prepared to answer questions about.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Elaine
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