I was looking up the rules in relation to ESA claimants and Permitted Work in the Disability Rights Handbook. The handbooks covers the higher work higher limit rules for those in either the Support Group or the Work Related Activity Group leading the the assumption that you cannot do permitted work higher limit in the assessment phase of ESA, is this the case?
My client was claiming IB while doing permitted work higher limit (She worked 3 hours a week earning £60 aweek plus also inreceipt of DLA mrc/hrm). Her IB stopped as she continued to do permitted work over the 52 week limit (she states she was not informed about the rules). When her IB stopped she came to me for advice. From the Disability Rights Handbook it looked as thought she could claim either give up work and reclaim IS under the linking rules or alternatively claim ESA however she would have to stop work while in the assessment phase. She could then do a further period of permitted work once she was placed into either the support or work related activing group. Is this correct?
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