Advice ESA and SSP

geministar2008

Hello

I decided a few weeks ago to try to return to work after being on the Support related group of long term employment and support allowance. I think i may have jumped too soon but i thought getting out there again may help me move forward. How wrong i was.

I have been in employment for one month in a very face to face social role and unfortunately my illness has returned - anxiety depression/social phobia etc and has resulted in me being signed off work by my GP. I have read that if you have claimed ESA in the last 12 weeks you cannot claim Statutory Sick Pay but you return to ESA.

How exactly does this work? Do i go back on the rate of ESA i was on or will it be the initial rate whilst they assess me if i am not well enough to returned to work before their initial phase. If i am claiming ESA for a short period and happen to feel better will my job be terminated - as in theory they arent paying me SSP i'm on ESA.... they may feel i'm unfit for work permanently from an employers point of view

I'm a bit confused and struggling to make sense of any of it...

Ive tried to call ESA but cant seem to get through.....

Horseunderwater

Yes you do go back onto ESA - should be same as previously I believe. I stand to be corrected if I have that bit wrong. However there is something called permitted work that is based on 16 hrs at nmw of £6.31 - so £101/week after tax & NI deducted - see here: http://www.disabilityrightsuk.org/work-people-living-disability-or-health-conditions - you will need to fill in form PW1

geministar2008

thanks horseunderwater,,, so how do i claim esa again? do i have to wait for a a form from the employer saying they cant pay ssp. or do i call esa and get them to send me forms? will i go back on the same rate i was on of £120 odd a week or will i go back to the first phase of around £75 a week?

it was not permitted work, i literally decided to go back to work full time and stopped my esa claim. Silly i know now, but things have happened in my personal life in the last month which have sent me over the edge.
At least ive tried i guess

pmlindyloo

geministar2008 wrote: »

thanks horseunderwater,,, so how do i claim esa again? do i have to wait for a a form from the employer saying they cant pay ssp. or do i call esa and get them to send me forms? will i go back on the same rate i was on of £120 odd a week or will i go back to the first phase of around £75 a week?

it was not permitted work, i literally decided to go back to work full time and stopped my esa claim. Silly i know now, but things have happened in my personal life in the last month which have sent me over the edge.
At least ive tried i guess

Telephone and say you need to reclaim ESA under the linking rules.

According to this link:

http://www.nhs.uk/CarersDirect/moneyandlegal/otherbenefits/Pages/ESA-claims.aspx

(scroll down and click on ''Reclaiming ESA at the bottom'')

you will go back to the group that you were in before. I do not believe that you have to wait for the form but just check when you call.

Have you resigned from your job?

geministar2008

Thank you I will call them
No I havent resigned as it only came to my knowledge last night that that I wont get ssp. Am I supposed to resign before calling esa? Or should I deal with esa and do as they advise..? Thank you again

Horseunderwater

No don't resign for the moment - you might be able to do permitted work with this employer (if they agree) - which would keep your hand in & let you gain more experience so that you could work full time once more.

geministar2008

Thank you. The medical note is for 3 months of no work. The job ends in october anyway. So cant see the employer waiting and giving me a few hours. Cant get hold of esa ill have to try again tomorrow

geministar2008

I have re applied for ESA today over the phone, the claim line said once it is passed to the process department i will no doubt be entitled to go back to the point of ESA i was on before, however the staff on the claim line cannot confirm this and no nothing about linking guidelines and so on. But the process department will know all of this and i could call up in a few days or so to find out where my claim stands. I was also entitled to a rapid reclaim for housing and council tax benefit, which the ESA department arranged.

I was claiming working tax credits whilst working, i presume this claim will now stop now ESA is back up and running?

Also as the ESA department need the medical certificate they recommend i give a copy to my employer just to confirm my reason for absence, which i have provided. I am unsure what my employer will do now as i presume they cannot legally terminate my employment? But as i said in last post the job was a seasonal one to end in October and this medical certificate is until 1st Aug, as an employer they will need to fill my role. The summer is the peak of their business. Do you think they will try and terminate my employment? I understand entirely if they do as i have no idea what my health situation will be in August.

Thanks again for the advise....


x

pmlindyloo

To answer your question about working tax credit, according to this link you can continue to claim it for up to 28 weeks while you are off sick.

http://www.hmrc.gov.uk/taxcredits/keep-up-to-date/changes-affect/work-changes/no-work-illness.htm

To confirm this I would check with tax credits.

Horseunderwater

Yes your working tax credit will stop, but you should get a 4 week run on, so tell HMRC about your sickness & going back onto ESA.
Your employer should not terminate, but they will have to find another to do what you were doing I think.

geministar2008

Thanks will call working tax next week. Is that on top of esa....or will they deduct my esa as im getting wtax too. Thanks again everyone x