ESA and effective date for earnings

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  • #43552
    david farrar
    Participant

    Can I check people's opinions as to how they would deal with this situation…

    Claimant and partner in receipt of ESA(ir) with effect from 1 February 2012

    From 1 April 2012 to 31 May 2012, claimant did consultancy work and earned £300 per week

    Payment from consultancy work was received on 1 July 2012.

    DWP have not applied the earnings for the period 1 April to 31 May 2012.

    However they are applying the earnings for the period 2 July 2012 to 31 August 2012 which will result in no entitlement to ESA(ir) but entitlement to ESA(c). 

    ESA(ir) to be reinstated from 1 September 2012.

    I am confused as to why the DWP have applied the earnings prospectively (Jul/Aug) rather than retospectively (Apr/May) for ESA purposes and concerned that if the claimant had received the same income on a weekly basis, then ESA(ir) would have been withdrawn for the period earnings related to and there would have been no entitlement to CTB

    As I see it, we have to disregard the earnings as the claimant was in receipt of ESA(ir) for the period they were paid in respect of ?

    Has anybody had similar situation arise?

     

    #123656
    david farrar
    Participant

    Anyone?

    #123703
    steve_coats
    Participant

    David

    I have had the same thing and the reason I got from the decision maker was when the customer worked for the 1 month period he received no payment of the work, therefore still qualified for ESA(IR) due to income. When the payment was received (2 months later) the DWP assessed their qualification of ESA(IR) with the wage for 1 month (knowning that is how long they worked for) and nill qualified ESA(IR).

    The way we applied this to the case is

    Followed the entitlement to ESA(IR) upto the Monday Following 2 July 2012.
    Assess claim on Wages, ESA(C) and any other income as Standard claim.
    Re-award claim from 01.09.2012 as ESA(IR).

    My claim did go to Reconsideration and our decision was upheld by the appeal team, and customer did not take this any further.

    Steve

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