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This Disability Alliance factsheet is a basic introduction to work for people who are sick or disabled. You can find out more detailed information in Disability Rights UK's Disability Rights Handbook, available to buy at www.radar-shop.org.uk/.
This factsheet is sponsored by Unity Law.
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If you are getting employment and support allowance (ESA) , incapacity benefit (IB), severe disablement allowance (SDA), national insurance credits or income support (IS) because of incapacity for work you are allowed to do some permitted work.
You do not need the permission of a doctor to do permitted work but you should tell the Department for Work and Pensions (DWP) if you are working.
You have a choice of permitted work options depending on your circumstances:
Guidance suggests that supported permitted work is work done by people who have a long term disability that has had "a significant impact on their ability to learn or sustain a traditional job which will always, or for a number of years, prevent them from working more than a few hours each week".
It should also be work that a person can do only with the support and supervision of someone other than their employer and be supervised by someone employed by a public or local authority or voluntary organisation which provides or finds work for people with disabilities.
The support worker must direct and oversee the performance of the worker regularly and the supervision must be more than the normal support provided in the workplace by employers.
If you are on incapacity benefit or severe disablement allowance and you are also on income support you can do permitted work but any earnings over £20 will be deducted from your income support.
If you are on employment and support allowance, incapacity benefit or severe disablement allowance and are on housing benefit or council tax benefit you are allowed to keep all your permitted work earnings. These earnings will not affect your benefit.
Generally if you do permitted work you should be paid at least the minimum wage for any work you are allowed to do.
The Permitted Work Higher Limit is based on the current adult national minimum wage for a job of 16 hours a week, rounded up to the nearest 50p above. The national minimum wage normally goes up every year on 1 October and the Permitted Work Higher Limit goes up in line with it.
The following kinds of work are also allowed:
Generally if you do permitted work you should be paid at least the minimum wage for any work you are allowed to do.
If you are on Disability Living Allowance (DLA) and are not claiming one of the other benefits mentioned in this factsheet there are no restrictions placed on the work you do providing you satisfy the DLA rules. You should inform the disability benefits unit if you start work.
If you get incapacity benefit or severe disablement allowance you are allowed to do voluntary work for anyone other than a close relative (parent (or in-law or step-parent), son/daughter (in-law/step), brother, sister or the partner of any of these).
If you get employment and support allowance or income support, you are allowed to do voluntary work for anyone other than a relative.
You must not be paid for your work, other than expenses 'reasonably incurred by [you] in connection with that work'. Permitted expenses could include travel, meals, childminding, the costs of caring for a dependant, equipment needed for work and use of a telephone. There is no limit on the number of hours you can volunteer.
If you get income support you can do voluntary work without your income support being affected. If you get income support on the basis of being incapable of work, the work must be for someone other than a family member, otherwise you will be regarded as capable of work. Care you provide for a relative will not count as voluntary work.
If you stop claiming benefits to begin work but then stop working and reclaim you may be allowed to return to your previous benefit on the same rate or terms as before.
To do this you have to satisfy one of the linking rules. You can return to your previous benefit on the same rate or terms as before if you reclaim employment and support allowance:
Note that new claims for incapacity benefit can not be made after 31 January 2011. This change has also meant the abolition of the rules which allowed you to return to incapacity benefit, or another of the incapacity-related benefits, on the same rate or terms as before if you stopped work due to your health. You can find out more about the linking rules in our disability rights handbook . You should also get advice before you consider full time work.
Your housing benefit and council tax benefit can continue at your old rate for four weeks if you find work and you were getting:
To get housing benefit/council tax benefit extended payments you must have been on one of the above benefits for at least 26 weeks and your job must be expected to last at least 5 weeks. You do not need to make a claim to receive extended payments.
If you are being treated less favourably because of your disability in work (or in seeking work), Unity Law may be able to help. Contact Unity Law at www.unity-law.co.uk or on 0114 361 0000.
You can get help and information at your local advice centre, such as a Citizens Advice Bureau. You can get more information about where to get personal advice from our Factsheet F15 - Finding a local advice centre.
You can view the current minimum wage rates on the Direct Gov website at http://tinyurl.com/nagutf.
Jobcentre Plus has produced a guide called Volunteering while receiving benefits, which is available on the DirectGov website at http://tinyurl.com/5u3e78.
This Disability Alliance factsheet is a basic introduction to work for people who are sick or disabled. You can find out more detailed information in Disability Rights UK's Disability Rights Handbook.
DA has also produced a free guide called Telling people about your disability which provides advice about when to consider disclosing your disability to an employer.
All our publications are available at www.disabilityalliance.org/shop.htm. You can also place an order by contacting Disability Rights UK on 020 7247 8776 (this is not an advice line) or by fax on 020 7247 8765. All our factsheets are available at www.disabilityalliance.org/fact.htm.
Radar has produced a guide called Doing Work Differently which explores practical solutions to real questions related to work. It is available at www.radar-shop.org.uk.
12 October 2011
