Access to Work Eligibility for Employed People: What You Need to Know
What is the Access to Work Scheme for Employees?
Access to Work’s (ATW) eligibility criteria can look complicated, but it's simpler than it looks. If you're employed and facing challenges at work due to a disability or health condition, ATW might be the support you need.
Who is Eligible for Access to Work Support While Employed?
Employed people are eligible for Access to Work if they:
Are working or about to start work in Great Britain.
Earn at least the National Minimum Wage.
Have a disability or health condition that affects their ability to work.
Need support or adjustments not covered by their employer's duty to make reasonable adjustments under the Equality Act 2010.
Exceptions include:
Voluntary work not leading to paid employment.
Training not related to the individual’s paid employment.
Civil servants.
What Types of Work Qualify for Access to Work?
Employment, for Access to Work purposes, includes full or part-time paid work, whether it’s permanent, casual, or temporary. It also covers work trials and specific types of unpaid work like council or board positions. However, volunteer work and non-work-related training don't qualify.
For ATW, your job situation plays a big role in determining if you can get support. Here’s a clearer look at what types of work count:
Paid work: This means jobs where you earn money, whether it’s a lot or a little, and includes full-time, part-time, permanent, or temporary positions.
Work trials: These are special arrangements where you try out a job to see if it suits you, set up to assess your fit for the role.
Certain unpaid roles: If you’ve taken on a role like working as a councillor, elected official, or a board member of a public organisation, you might still be eligible. These roles often come with responsibilities similar to paid work, even if you don’t get a regular salary.
Work experience: If you’re gaining work experience through a placement that’s part of education or training, it could qualify. This is especially true if the experience is closely linked to future employment opportunities.
Understanding Disability in the Workplace
How the Equality Act Defines Disabilities for Access to Work
Under the Equality Act 2010, you're considered disabled if you have a physical or mental impairment that has a substantial, negative effect on your ability to perform daily activities. For ATW’s purposes, this definition includes conditions that may not impact your daily life but significantly affect your work.
This is the definition the Department for Work and Pensions (DWP) uses when talking about disability for ATW support purposes.
Do You Need a Diagnosis to Apply for Access to Work?
Contrary to a common misconception, you don't need to supply medical evidence to apply to ATW. ATW focuses on how your condition affects your work, not on diagnostic proof. This means you can apply to ATW even if you don’t have an official diagnosis.
ATW may ask for information about your condition or disability, but they cannot deny you support simply because you don’t have an official diagnosis.
Access to Work Requirements: What You Need to Prove Employment and Eligibility
Before you can get support from ATW for your employed job, make sure your job meets all of these requirements:
Evidence of employment: Sometimes, just saying you have a job isn’t enough. You might need to show some proof, like a contract or an email from your employer. This helps ATW understand your work situation better.
Being paid properly: Your job must pay at least the National Minimum Wage. This rule ensures that all employed work supported by ATW meets basic pay standards.
Starting work: If you’re about to start a new job or work trial or receive a job offer, make sure you can show that your employment is real and meets the wage requirements. This could be through a contract or other agreements.
Agency workers: If you’re getting work through an agency, you must have a specific job to start before ATW can support you. This is because ATW needs to see that you have actual work lined up, not just the potential for it.
Your employer: ATW checks to make sure the company you’re working for isn’t about to close down. This is because they want to invest in situations where the support they provide can be used effectively.
Living and working situations and Access to Work
Access to Work is available if you live and work in Great Britain. Unfortunately, if you're in Northern Ireland, the Isle of Man, or the Channel Islands, ATW isn't the program for you because these areas have their own systems for support.
For European Community workers in Great Britain:
If you're coming from another European Community country to work in Great Britain, ATW treats you just like any local worker. This means you can apply for ATW support even though you're not originally from Great Britain.
For people coming from outside the European Economic Area:
If you're from outside the European Economic Area, you'll need a visa that allows you to live and work in the UK. As long as your visa says you can work in Great Britain, you might be eligible for ATW. You don’t need a British passport for this.
Special cases:
If you're seeking asylum and waiting for a decision, the rules say you can't work or access welfare benefits during this time. This means you would be ineligible for ATW while you’re waiting for a decision about your recognition as a refugee.
If you have permission to stay in the UK because of a work permit or leave to remain status, you're allowed to work and might get ATW support. However, be mindful that your ATW support would stop when your permission expires. If you have indefinite leave to remain, you can get ATW support the same as if you were a British Citizen.
Working abroad
If your job is based in Great Britain but occasionally requires overseas travel, ATW can still support you. However, be prepared to answer all sorts of questions about the reason for travel, the duration of it, and exactly what sort of work you would be doing abroad.
Who Isn’t Eligible for Access to Work?
Understanding the circumstances under which Access to Work support isn't available is just as important as knowing when you are eligible. Here are some key situations where you might find that ATW isn't the right fit:
Living and working outside Great Britain: ATW is designed for people who live and work within Great Britain. If you're based in Northern Ireland, the Isle of Man, or the Channel Islands, unfortunately, ATW support isn't available to you.
Earning below the National Minimum Wage: ATW aims to support individuals in employment that pays at least the National Minimum Wage. If your job pays less than this, you might need to discuss wage adjustments with your employer before applying for ATW.
Voluntary work: While volunteering is important and valuable for many reasons, ATW does not provide support for voluntary positions. You have to be paid for the work you do in order to be eligible for ATW.
Training not connected to paid employment: ATW supports training if it’s directly related to your job or an upcoming job where you'll be earning a wage. This includes situations where you're receiving training as part of your job and are paid your usual wages during this time. On the other hand, training purely for skill development, without a direct link to paid employment, does not qualify.
Civil Servants: Unfortunately, from 1st April 2022, ATW can no longer offer support for Civil Servants, except for their Mental Health Support Service. However, public servants may still be considered for all support options available through ATW. If you're a civil servant, it's worth checking with your department about available workplace support. Although ATW might not cover your needs, there could be internal programs and adjustments your employer can provide.
Religious roles: People in paid religious positions are eligible, but those doing voluntary religious work aren’t covered. If there’s any confusion about your role, ATW might need to check with your employer or religious organisation.
Special cases:
Being a student: Being a student doesn’t automatically disqualify you from ATW support. However, full-time students who are not in paid employment generally don't qualify for ATW. Students who work part-time should be eligible if their employment meets other ATW criteria.
Self-arranged work experience: Unless this work experience is part of a paid employment arrangement or leads directly to employment, it might not be covered by ATW.
If you're in any of these situations but still face work-related challenges due to your disability or health condition, exploring alternative support services or discussing options with your employer could be helpful starting steps.
Summary:
Access to Work offers crucial support to employed people with disabilities or health conditions, creating smoother ways forward in their professional lives. Here is a summary of everything you need to know if you’re employed and thinking about applying to ATW:
Eligibility: Employed people living and working in Great Britain, earning at least the National Minimum Wage, and needing support for work-related challenges due to a disability or health condition. You do not need a diagnosis.
Ineligible people: Those working outside Great Britain, not earning the National Minimum Wage, engaged in voluntary work without pay, undergoing non-job-related training, and civil servants may not qualify.
What you need to apply: Proof of employment, such as a job offer or contract, and an understanding of the impact of your condition on work.
If have a disability or health condition that causes you problems in your employed work, ATW could be the support you need to thrive in your career.
If you’re unsure about your eligibility or the next steps, you can read more about Access to Work here or get in touch for a free personal consultation. Let’s get you the support you deserve!
