This factsheet sets out the work you can do if you are on sickness or disability benefits.
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, housing benefit or council tax benefit you can also do permitted work but any earnings which exceed your earnings disregards (£20 or £25 per week depending on your circumstances) will be deducted from your income support, housing benefit or council tax benefit.
If you are on income-related employment and support 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.
If you are on contributory employment and support allowance and are on housing benefit or council tax benefit only the first £20 of your permitted work earnings are ignored/disregarded.
Note: From April 2010, the Government will change the housing benefit and council tax benefit earnings limit for those undertaking permitted work who are on contributory employment and support allowance, incapacity benefit or severe disablement allowance, so that these are the same as for those on income-related employment support allowance. For more information see SI 2009/2608.
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.
You are allowed to do voluntary work if you are getting employment and support allowance, incapacity benefit or severe disablement allowance,.
This voluntary work can be for anyone other than a close relative - parent, parent-in-law, step-parent, son, son-in-law, daughter daughter-in-law, step-son, step-daughter, brother, sister, or partner of any of these.
You must not be paid for your work, other than expenses ‘reasonably incurred by [you] in connection with that work’. Permitted expenses can include travel, meals, child minding or the costs of caring for another dependant, equipment needed for work and use of a telephone. You may be treated as a volunteer if you are doing community service. There is no limit on the number of hours you can volunteer.
If you are getting income support (IS) you are allowed to do voluntary work for a charity, voluntary organisation, or any other organisation or individual.
If you are paid anything other than actual expenses, you are treated as being in paid work, and excluded from IS if you work 16 hours or more a week (24 hours or more if it is your partner who is the volunteer).
The Department for Work and Pensions (DWP) may also consider that it is unreasonable for you to provide your services for free in some cases and assume that you have earnings, whether you have been paid or not. This is known as having notional income.
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:
You can find out more about the linking rules in our disability rights handbook and employment and support guide. 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.
You can get help at a local advice centre, such as a citizen's advice bureau. You can get more information about this from our factsheet F15 - Finding a local advice centre, which is available at www.disabilityalliance.org/f15.htm.
Disability Alliance have also produced a number of publications on benefits and work. These are:
You can also obtain copies of our guides or factsheets by contacting Disability Alliance on 020 7247 8776 (voice and minicom) or by fax on 020 7247 8765.
You can view the current minimum wage rates on the Direct Gov website at www.direct.gov.uk.
Jobcentre Plus has produced a guide called Volunteering while receiving benefits, which is available on their website at www.jobcentreplus.gov.uk.
www.disabilityalliance.org - 26 February 2010
