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contributin based ESA and SSP

I am self employed and employed in different roles. In one of my employed jobs I am only part time and infact only contracted for 10 hours but in the lead up to being off sick I worked a lot more hours to cover other peoples sick and holidays. In the other employed job I work even less hours. I never once expected to get SSP and therefore input a claim for CB ESA which was successful. I have submitted medical certificates to both employers as instructed and despite checking with the one I work the most hours for that they wouldnt be paying me SSP I never got a reply and I didnt chase it because I never expected to be paid anything. I didnt think I worked enough hours to be entitled to it indeed another co-worker is off sick and receiving nothing from the company.

I have now just received an emailed pay slip which shows they have paid me SSP. I feel sick and im terrified ive committed some sort of benefit fraud and dont know what to do.

I wanted the CB ESA as I have been off work for the same reason 3 years ago albeit when I was just self emlpoyed so no issue there. The reason I wanted the ESA was because I would have been entitled to the back to work benefit of £40 per week is im off for 13 weeks then return to work. I missed that last time as I went back earlier but this time I wont be able to do that so I will be entitled to it as I was certified unfit for work just before the rules changed and I will be back at work just before the cut off date for the return to work benefit. I hope this is making sense, im not up on all the benefits names as ive always been in work.

Anyway I now dont know what to do. Do I call work and ask them to recall the money and not pay me or do I call the DWP and ask them to stop paying me money and pay back what ive had from them and will I still be able to get the back to work money if I only get SSP from work.

Comments

  • crooky
    crooky Posts: 57 Forumite
    Ive spoken to work and although the person I need to speak to isnt in till next Monday they can see from the spreadsheet I shouldnt have been paid anything and it looks like the accountants have added it on afterwards. I suspect this is going to be a nightmare as no doubt the HMRC or whoever will be informed ive been paid SSP and DWP will think im trying to fiddle it all. Could really do without all this at the moment.
  • benefitbaby
    benefitbaby Posts: 1,099 Forumite
    Ask your employer to confirm in writing that the SSP was paid in error and also ask them to formally request that you repay it. This will suffice for DWP as conclusive proof that no SSP entitlement exists should they query this.
  • SSP should only be paid if you have earned over £109 per week this year.
    Back to work credit - you must tell DWP within 5 weeks or you lose eligibility. https://www.gov.uk/return-to-work-credit/what-youll-get
    I doubt that you're getting Contributions based ESA, more likely it would be Income related. Which if it is IR then you'd be entitled to free prescriptions dental treatment and free eye test with help towards new glasses.
  • crooky
    crooky Posts: 57 Forumite
    SSP should only be paid if you have earned over £109 per week this year.
    Back to work credit - you must tell DWP within 5 weeks or you lose eligibility. https://www.gov.uk/return-to-work-credit/what-youll-get
    I doubt that you're getting Contributions based ESA, more likely it would be Income related. Which if it is IR then you'd be entitled to free prescriptions dental treatment and free eye test with help towards new glasses.

    I havnt earned over £109 per week with this company so I probably shouldnt have had SSP.

    I will be telling the DWP as soon as I return to work so wont lose eligibility. Why do you doubt im getting contributions based ESA?
  • Torry_Quine
    Torry_Quine Posts: 18,894 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    crooky wrote: »
    I havnt earned over £109 per week with this company so I probably shouldnt have had SSP.

    I will be telling the DWP as soon as I return to work so wont lose eligibility. Why do you doubt im getting contributions based ESA?


    I had always though that the same criteria applied for SSP and contribution based ESA. Have you been paying NI in the relevant two years?
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
  • crooky
    crooky Posts: 57 Forumite
    Yes I pay Class 2 NI voluntary contributions and have done the whole time ive been SE as I pay nothing or very little through my employed roles.
  • Apologies Crooky. Was not aware that you had been paying the class 2 NI. Hope you get the rest sorted.
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