Permitted Work concerns?

I've been on Incapacity Benefit under linking rules since March 2010 for a long standing mental health problem(stretching over 20 years now). Iam also having therapy again to work through my issues which the DWP are aware of.

I want to do some part-time permitted work as a garden hand/helper that sort of thing. It would be self-employed as I can't work for an employer due to my anxiety disorder.
My intention would be to do upto 10 hours a week within the £93 earnings limit after expenses are deducted. I have no clients at the moment, so my hours will be zero to start with.
I contacted the DWP and they confirmed in writing that I was eligable to do permitted work for 12 months from 06/09/10, which is my proposed start date.

The problem is that I only recently sent back my IB50 form and have not had a decision about whether I will be able to continue with IB.
I'm really concerned that starting permitted work will put my claim in jeopardy if I'm called for a medical as I've read so many negative stories about the medical results.
I decided to write back to the DWP today and advise them that I do not want to pursue the permitted work route any further, although did not give reasns other than health issues.

Iam really fed up to be honest as this small amount of work would have been ideal for me to try something knowing that it would benefit me in the long run. I know I should not have cancelled it but I cannot take the risk of losing my benefits to be honest.

Do you have any advice for me at all or has anyone had any experience after starting permitted work, then having your benefits stopped?

Have you read the guide which may be of some assistance to you, entitled "Permitted Work" in the work resources area HERE?

Hi David

There are two problems I can see with doing permitted work while claiming IB. The first is that whilst ATOS doctors have to disregard the fact that you are doing permitted work for the purpose of the Personal Capacity Assessment, they can take into consideration your activities while working, which amount to the same thing. Here is an extract from the Incapacity Benefit Handbook for Approved Doctors, which you can find in the members’ area.

3.1.2.1 Permitted Work
At this stage in the process there may be detail on the IB 55 (the file jacket) to instruct the reporting doctor that the “Claimant commenced permitted work on **/**/**.”
In a bulletin which was released in October 2002, Decision Makers were instructed to include details in this way of any permitted work .The following detail is relevant in any case where you are advised that the Claimant participates in Permitted Work

On 8 April 2002, new rules on Permitted Work replaced the previous therapeutic work rules, which required the claimant to obtain the support of their own doctor (e.g. their GP).
The new arrangements allow claimants to try some paid work, under defined conditions, without the need for prior approval from a doctor. However, claimants should tell the office that pays their benefit before they start work. The new permitted work rules apply when a claimant wants to try some paid work while getting Incapacity Benefit, Severe Disablement Allowance and National Insurance Credits or Income Support because of illness or disability. Claimants will not have to undergo a medical test just because they are engaged in permitted work.
A PCA examination should never be aborted simply on the grounds that the claimant is undertaking permitted work. In such cases, examining doctors should enquire about any day to day, and work related, activities undertaken by the claimant, in order to provide the Decision Maker with comprehensive advice on the PCA functional areas. Ideally the claimant should volunteer such information, but this may not always happen. Therefore, in a bulletin which was released in October 2002, Decision Makers were instructed to include details of any permitted work in the notes box of the IB55 referral jacket, by entering “Claimant commenced permitted work on **/**/**.” This is not intended to imply that all claimants who undertake permitted work will be referred for assessment
Claimants who are able to undertake permitted work may still exceed the benefit threshold under the PCA. Indeed, it is vital that the medical assessment process should not be biased by the knowledge that permitted work is being undertaken. In providing advice to the Decision Maker, the approved doctor has to consider all the available evidence of what the person is able to do functionally over a period of time (so that the assessment is not a snapshot on the day). Details of work related activities currently undertaken are relevant to this consideration, as are details of other activities of daily living. An approved doctor is required to relate the functional assessment to activities undertaken in every aspect of the person's life.
The purpose of the DWP alerting the examining doctor to the fact that the claimant is known to be undertaking permitted work is simply to help ensure that the doctor is getting as comprehensive a picture of the claimant's functional ability as possible.
Whether any work that is being done is 'permitted' or not is of little direct relevance to the PCA examination undertaken by the doctor. If the doctor provides advice / justification in the IB85, which makes it clear that the person is carrying out some work of which the Decision Maker is unaware (i.e. it turns out to be non-permitted work), this would be a matter for the Decision Maker to clarify and discuss with the claimant.
In other words, as far as the doctor is concerned, it is the details of the work/activities undertaken that are important, not whether they have been permitted by the Decision Maker.

The fact that the doctor has to be advised not to abort the medical because a claimant is undertaking permitted work is deeply disturbing.

It is made clear that they should not be bias ‘by the knowledge’ that a claimant is undertaking permitted work, I worry that that means they can be biased about everything else.

The second problem I see is that at my IB medical, I told the doctor that I was hoping to become self-employed in the future, and as a result I lost a point for being ‘scared or anxious that going back to work will bring back or worsen his or her illness’. Not that it made any difference as I only scored 2 points!

I don’t know anybody who does permitted work while claiming IB so I can only speculate. I think that if you have a severe physical disability such as being permanently in a wheelchair and you are doing a desk job, you are guaranteed 15 points in the PCA; using a computer cannot possibly take points away from you. However, I you suffer from a mental illness and work in a garden, it could be assumed that you are able to concentrate on what you are doing, complete tasks, get up in the mornings, etc, and you could lose points.

As you have not started permitted work it should not be a problem for you. If you are called in for a medical and asked how you feel about returning to work, be very clear to the doctor when replying, as expressing an interest to do work can easily me misunderstood by an ATOS doctor, as feeling ‘optimistic that he can cope with work’.

I fully understand why you are so fed up that this ‘all or nothing’ system makes it so difficult for people who want to do a little work that would benefit them, or make a start towards work. I am now too busy with claims and appeals to think about self-employment.

I too would be interested to here from anyone who as done permitted work, and if any problems arose regarding benefit.

Best wishes

Derek

I have read the 'Permitted Work' notes in the memebers section, but was non the wiser to be honest.

I think you are right Derek when it comes to trying to help yourself get back to work - it's an all or nothing system that punishes you for even trying to give it a go.

Many thanks for your input though.