Subject:
"ESA, permitted work and HB/CTB entitlement"
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Sam Warburton
Welfare Rights Worker, Broadway (London) Member since 13th Jul 2004
ESA, permitted work and HB/CTB entitlement Wed 23-Sep-09 04:20 PM
I am trying to get my head around the rules in relation to ESA and permitted work, and how this affects other mean tested benefit entitlement.
My client is currently in receipt of ESA (contribution based) but also works part-time under the Permitted Work Higher Limits. She has been awarded full HB based on her ESA entitlement however I am not sure if this is correct. According to CPAG and Disability Alliance handbooks she would get full HB if she was on Income based but does not mention contribution based.
Can anyone point me in the right direction in relation to the regs?
Welfare Rights Advisor, Wirral Welfare Rights Unit Member since 07th Sep 2009
RE: ESA, permitted work and HB/CTB entitlement Thu 24-Sep-09 12:58 PM
You are right - it is only the income of someone on income-related ESA which is disregarded (paragraph 4 of Schedule 5 to the Housing Benefit Regulations). This seems to have the odd consequence that a person who has permitted earnings disregarded both for ESA and HB if on an income-related ESA, would have the earnings taken into account in the HB assessment if it was a national insurance based only ESA instead
Programmer, Lisson Grove Benefits Program Member since 19th Feb 2004
RE: ESA, permitted work and HB/CTB entitlement Thu 24-Sep-09 01:23 PM
This anomaly - ie there being no equivalent of the £92 (soon to be £93) disregard for HB/CTB claimants on ESA(C) - was widely commented on when ESA came in.
"... a new permitted work earnings disregard of up to £92.00 a week will be introduced in HB/CTB for customers who are claiming contributory ESA, IB or SDA. This will align with HB/CTB permitted work policy for those getting income-related ESA. Current plans are to introduce the change from April 2010"