Working Tax Credits - disability element -sickness

sheeps68

I'm on WTC disability element, 30 hours. My question is I've been off sick for some time now and in next couple of months my salary will be reduced as I hit the 6 month mark. I'm fortunate in that I get paid 6 months full pay and then 6 months half pay. Now this is not ESA or SSP but part of normal salary & contract. When I hit that half pay mark can I get a increase in my WTC as I shall still be getting paid as normal from work just considerably less.
I did try to ring helpline but lost the will to live with advisor who kept say if SSP or ESA and marked sickness my tax credits would stop. I may end up leaving my job with ill health retirement etc when I fully understand my tax credits would stop. This however is not the case at present.

davehughes182

When you are off sick you are considered working your normal hours for the first 28 weeks and then after that point, your WTC would end as you would be considered unemployed until you return to work. The reason the advisor was asking if SSP or ESA is due to the fact that if you are not getting SSP or sick pay, then you are considered unemployed from the day you went off sick

Icequeen99

sheeps68 wrote: »

I'm on WTC disability element, 30 hours. My question is I've been off sick for some time now and in next couple of months my salary will be reduced as I hit the 6 month mark. I'm fortunate in that I get paid 6 months full pay and then 6 months half pay. Now this is not ESA or SSP but part of normal salary & contract. When I hit that half pay mark can I get a increase in my WTC as I shall still be getting paid as normal from work just considerably less.
I did try to ring helpline but lost the will to live with advisor who kept say if SSP or ESA and marked sickness my tax credits would stop. I may end up leaving my job with ill health retirement etc when I fully understand my tax credits would stop. This however is not the case at present.

Are you 100% sure that you are not getting SSP+contractualSP to bring you up to your full salary? I am fairly sure that the law requires this.

As others say, first 28 weeks is all you can keep tax credits for no matter what happens with your employer after that.

IQ

sheeps68

As far as I know its just normal pay as says nothing on pay slips. However having said that I haven't had a payslip since June as can only access them via work computer and as off sick no access. I will be asking HR to send me a paper copy of recent payslips.
At least I now know I'm OK for a while yet as the 28 weeks consistent sickness is a way off. I was working on combined sick leave as I have been back at work for some time between sickness. Really cannot bear phoning tax credits helpline again so all your help is much appreciated. I shall work out that 28 week point and if need be send in written evidence to inform them. I shall do that recorded signed for post if needed. My huge fear is to end up owing them money so would rather stop it early and then have a extra payment at renewal or review points.

pmlindyloo

sheeps68 wrote: »

As far as I know its just normal pay as says nothing on pay slips. However having said that I haven't had a payslip since June as can only access them via work computer and as off sick no access. I will be asking HR to send me a paper copy of recent payslips.
At least I now know I'm OK for a while yet as the 28 weeks consistent sickness is a way off. I was working on combined sick leave as I have been back at work for some time between sickness. Really cannot bear phoning tax credits helpline again so all your help is much appreciated. I shall work out that 28 week point and if need be send in written evidence to inform them. I shall do that recorded signed for post if needed. My huge fear is to end up owing them money so would rather stop it early and then have a extra payment at renewal or review points.

Have you been sending fit notes in to your employer?

Even though you are being paid 'normal pay' it is in fact contractual sick pay so you are wise to inform tax credits when the 28 weeks are up.

Icequeen99

Just to add, the 28 week rule only applies if you are receiving:

* statutory sick pay
* short term IB lower rate (not applicable now)
* IS on the grounds of incapacity for work
* Employment and support allowance
* national insurance credits on the grounds of incapacity/limited capability for work.

If you are only getting contractual sick pay that will not count towards it unless you are getting it as a top up to SSP.

IQ

zzzLazyDaisy

Check the SSP situation with your employer. In the first 28 weeks of sick leave, your employer pays SSP. If you are getting occupational sickpay, then normally that includes an element for SSP, and the remainder is considered to be a top-up.

SSP is often erroneously viewed as some sort of state benefit, probably because used to be the case that employers paid SSP on behalf of the government and then reclaimed it. That is no longer the case - SSP is simply a state imposed sick pay scheme which employers must provide. This is the case regardless of whether your wage slip expressly identifies the SSP or not.

After 28 weeks, your entitlement to SSP expires and the situation changes. About a month before SSP expires, your employer should send you form SSP1. You forward this to DWP and provided you continue to submit fit-notes (formerly called sick notes), you will then be entitled to NI related ESA for 12 months. This ESA payment is paid over and above any payment made by your employer, and is not affected by your income or savings so you might as well claim it, especially as it sounds like your entitlement to tax credit will cease at that point (I can't comment on the tax credit issue as it is outside my field).

Once the 12 months ESA is exhausted you will no longer be entitled to any state sick pay unless your household income/savings is low enough to entitle you to income support.

The exception to that is if you are paced in the Support Group of ESA in which case the 12 month limit does not apply and you will continue to receive ESA, on top of any ill-health retirement pension you may receive from your employer, so it is worth researching the Support Group and if you think you might qualify, getting reports from your consultants to support your claim.

Hope this helps.

Daisy