ESA and pregnancy

an9i77

Hi

I am leaving work in a few weeks due to redundancy and unable to work any more due to a medical condition and pregnancy, so will want to claim ESA. I have heard that they don't let you go on ESA after a certain stage in your pregnancy is this true? I don't need to claim maternity allowance as my employer is paying my SMP as a lump sum but I don't want to use this until closer to when the baby is due as the sooner I start it the sooner it will run out.

Thanks

Dogger69

an9i77 wrote: »

Hi

I am leaving work in a few weeks due to redundancy and unable to work any more due to a medical condition and pregnancy, so will want to claim ESA. I have heard that they don't let you go on ESA after a certain stage in your pregnancy is this true? I don't need to claim maternity allowance as my employer is paying my SMP as a lump sum but I don't want to use this until closer to when the baby is due as the sooner I start it the sooner it will run out.

Thanks

How do you know that you will not be able to work in a few weeks?

epitome

Something I remember is that a condition of ESA is that "you must not be entitled to Income Support" That's all it said and it did not go into any detail what it meant.

It could refer to people on IB who need a top up, whilst they are on IB they are entitled to IS as a top up, so it would not be allowed for a person on IB to get an ESA top up.


But it could mean people on ESA who are pregnant & have a pregnancy related illness will be entitled to Income Support at 28 weeks (11 weeks before due date) and there may be some rule that means they have to switch to IS. I have come accross quite a few pregnant ESA claimants who have been told by ESA just before 11 weeks that they should now claim IS. I don't know if there is any such rule that ESA can use to close the claim down from 11 weeks or if it is entirely the claimants decision.... (with a big nudge from ESA telling them to claim IS) I suspect it is ultimately the claimants decision.

A pregnancy related illness will generally clear up and go away after the baby is born, and therefore the claimant will no longer get sick notes from a Doctor.

Of course you may not be entitled to Income Support and so this line of argument is irrelevant.

So we move on to the issue of SMP. If you got standard weekly SMP it would nil your ESA. If you get SMP as a lumpsum now it may be taken into consideration on your ESA claim either as savings now or from 10 weeks before due date as an SMP income.
You also may not be entitled to MA if you have been given a sum for SMP.

In short, I don't know the answer to your question, but you will only find out by claiming ESA and then asking them for more info if they tell you your ESA payments will be stopping soon.

an9i77

Dogger69 wrote: »

How do you know that you will not be able to work in a few weeks?

Because I can't work now. I am effectively on garden leave (officially working from home, but there isn't much work to do.) I'm really not fit to work and if I was going out to an office or other place of employment every day I would get signed off now, but I'm able to officially still be working as I'm at home all day just answering the odd phone call or email.

Poppie68

A lump sum payment from your employer will possibly be treated as 'monthly smp payments' and therefore will have an impact on a claim for ESA.


EDIT: Actually from having a quick read if you recieve any SMP you will not be entitled to ESA, even if an illness or disability stops you from working.

an9i77

Thanks. Even if I receive the SMP well in advance of the 29 weeks that you have to go on to MA? (I will get it at 25 weeks so wanted to claim for a few weeks)

Seems a bit unfair as then I'd have to start using my SMP a lot earlier than I would if I was still working. And presumably I wouldn't be able to claim any benefits after the baby was born until quite some time.

Where did you read that Poppie? thanks

Poppie68

an9i77 wrote: »

Thanks. Even if I receive the SMP well in advance of the 29 weeks that you have to go on to MA? (I will get it at 25 weeks so wanted to claim for a few weeks)

Seems a bit unfair as then I'd have to start using my SMP a lot earlier than I would if I was still working. And presumably I wouldn't be able to claim any benefits after the baby was born until quite some time.

Where did you read that Poppie? thanks

You will find lots of info on
maternityaction.org.uk