Occupational Sick pay rules.

Beccah_3

I'd be so grateful for some advice on sick pay regulations and I apologise if this ends up a little rambling.

My dad suffered a stroke last November, prior to which he'd been working full-time (23 years with the company) as a manager in a factory. The stroke was a pretty severe one, he is left with epilepsy, a lot of left side weakness, his left arm is immobile, he uses a wheelchair which is not self propelling, his memory and cognitive processes are a little affected and he has some continence issues.
Since the stroke, his company have paid occupational sick pay at his full salary rate (such a godsend) and in January I informed them that realistically he won't be able to ever work again in his previous position nor any other within the factory. At the time, the general manager assured me that there was no rush to make decisions and that they were happy to wait a while and see if his health improved. But Dad was anxious to get things sorted out, so they prepared a list of options...redundancy, ill-health retirement and incapacity retirement, and sent them over. We informed them quickly that Dad would like to leave on incapacity retirement, and we all decided on a finish date to be around the end of June this year.....this date was given as the arrangements seem to be very drawn out . We, and Dad's GP, have filled out all the necessary forms and sent them off in good time.

In conversation with the general manager, I enquired as to Dad's sick pay, that his 6 month entitlement would run out before his retirement date and that he was worried about this. I was assured that extending the sick pay period was under the power of the general manager and that Dad would be paid right up until his retirement. We were told not to worry about it.

However on Friday we received a letter from the new head of HR, informing us that company sick pay would only be extended by one month and that Dad's entitlement to SSP had been exhausted, so they would be sending out an SPP1 form....I'm guessing that she actually meant an SSP1 form.
The company sick pay will, I think, take Dad up until the end of June date. However recent correspondence suggests that the pension won't actually be ready until after this date.

But I'm now a little confused. I'm presuming that the SSP1 form is for ESA? I've been googling and am I right in thinking that his company should have sent this form out to us in Dad's 23rd week of sick leave? I'm presuming that the delay means it is unlikely that we'll be able to apply for ESA and begin receiving it, before his sick pay runs out.

Huge thanks for reading this far and sorry for the long rambling post.I'm desperately trying to sort things out for Dad and hang on to every penny possible as we have to make major alterations to the house and access, and unfortunately don't qualify for a Disabled Facilities Grant.

MrsManda

Occupational Sick Pay rules depend on his contract and what can be negotiated with the employer so cannot comment on that.

The SSP1 form is to allow him to claim ESA and though it should be given as soon as possible I don't believe there's a cut off date that it needs to be given providing it's given before the SSP period runs out.

As he now has this form he needs to put in his claim for ESA ASAP. The quickest way to start his claim is to call the contact centre as they'll be able to fill out the application over the phone which starts the claim immediately.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_172014

mazza111

Totally agree with what MrsManda has said. The sooner the better. They can be pretty fast at dealing with the initial claim. It's the stuff after the medical's that take some time. Hope it all runs smoothly for you

Beccah_3

Thank you both for the replies, the help is really appreciated.
Apologies for my confusion, but would the end of the sick pay period technically be the 28th week of sick leave, or at the end of the additional month granted? We're actually still waiting on the SSP1 form, we've been told that it will be sent shortly.
This is probably a stupid question, but as soon as Dad's Occupational pension kicks in, I think he'll be earning too much to qualify for ESA.With that in mind, is it likely to be granted for what might turn out to be, a short period?

McKneff

Does he get any other benefits.

If he has care and moility needs he could maybe apply for DLA

Beccah_3

Thank you for the reply. Dad was granted DLA last month, at the highest rates for both care and mobility and I've just been granted carers allowance.
Due to savings and full sick pay, quite rightly, he isan't entitled to other benefits.
I know that I probably sound very " grabby",and we're really not looking to " get everything that we can" Like most people, Dad had years of living pay day to pay day and its only in recent years that he has been able to have the cushion of some savings. He is currently terrified of using them all up before his pension kicks in, as we need to do so much to the house to make it accessable to him.

MrsManda

The end of the SSP period is 28 weeks but I don't know if you can claim ESA at that point if you're still receiving sick pay from the employer.
Though it's unlikely he'll receive income-based ESA due to his savings (by the sounds of it he's got more than £16,000?) he may get contributions based ESA which if put into the work related activity group lasts 12 months, if put in the Support Group is indefinite as long as he still meets the conditions.
Once he starts receiving his pension the ESA payments may be affected but it's worth claiming and letting the DWP make a decision as the rules can seem a little complicated at times and it does no harm to apply.

McKneff

When the house is made 'accessible' you can apply for a council tax reduction. Is he also claiming his 25% reduction (assuming he lives alone that is)

You arent coming over grabby, he should get what he is entitled to, its the genuine ones who usually feel this way and shouldnt.
Good luck to you all.

Beccah_3

Thank you again for the replies and for being so kind.
Trying to navigate the various benefits and grants seems so complicated and unnecessarily difficult. Whilst applying for the disabled facilities grant, I was dumbfounded that despite Dad having a child of under 18 that he is solely financially responsible for and the fact that I am also a financial dependent ( I home educate my younger sister) , he was assessed as only needing £70ish per week to live on. Anything over and above that counts against you on a compounding scale.
Dad has about £13000 in savings, but with a little contingency in the current account and his sick pay, it pushes him just over the £16000 threshold.
At the moment, I think Dad is getting about 10% discount on council tax due to using the dining room as his bedroom. He isan't entitled to 25% as myself and my younger sister both live with him.

HB58

As long as your Dad has made enough NI contributions he will be eligible for ESa for at least 12 months. The first £85 per week of his pension will be disregarded for this, then he will lose 50p ESA for every pound over and above that.

Savvy_Sue

Actually, while investigating all of the above, I'd query with the general manager / new head of HR to see if they had 'perhaps made a mistake' in not honouring the agreement to keep your Dad on full pay until his retirement ...