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  1. #1
    New Member
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    Sep 2016
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    ESA and permitted work

    Hi everyone, just like to pick your brains and see if anyone else is or has been in this position. My husband was on ESA in the support group and after 8 years of being off work asked if he could do permitted work. He filled in the relevant forms and got a job working 14 hours a week on minimum wage (therefore under the permitted working allowance) He gets paid either for 28 days (4 weeks) or 35 days (5 weeks), he doesn't get paid monthly, this is how his employers pay their employees. He gets 4 pay periods of 35 days and 8 pay periods of 28 days. However the DWP using their calculation of taking a payslip earnings x 12 then dividing by 52 gives an incorrect weekly wage when applying it to his 35 days pay period. Due to this his ESA has stopped and we are now at appeal stage at Tribunal. I have found information through the Government' sites on calculating wages and do know that the DWP can use an alternative calculation to work out days in employees earnings, which I'm using to dispute the Decision Maker' Decision.
    What I'm asking is has anyone else been in this situation and can they please give me some information, especially positive,
    on their outcome with the DWP and calculation of permitted earnings. As in my opinion if people like my husband get paid in this way it equates to 20 weeks out of the year that the DWP stop ESA, even though they are entitled to this benefit, due to their miscalculations.
    Thanks a lot
    WG
    Last edited by WendyG; 02-09-16 at 23:32. Reason: Oops mistake

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