ESA while getting company sick pay

adviceforall

Hi

I have been off work after a knee replacement and getting company sick pay, ( they have an insurance policy that covers management)

I should have been getting 75% of wages but constantly get various amounts. I have queried this as last money I only received a very small monthly amount.

The answer I got back said the insurance company have agreed my claim and will pay me 75% minus any state benefit that I may be eligible to claim (esa)..

Now I didn't think I could claim it as I am getting company sick pay. On the web it says you cannot claim it if getting Statutory sick pay so I assumed I couldn't as getting more than the SSP.

Can anyone advise what is right?? If I cant claim it can they keep deducting the benefit amount?

Thanks in advance

Torry_Quine

How long have you been off ill? You get SSP for 28 weeks and after that are eligible to apply for ESA, you should get a form from your employer before the SSP runs out to put in the claim.

adviceforall

Hi
I have been off since Oct last year. I do not get SSP, i get paid company sick pay which I believe is different and does not run out..

benniebert

adviceforall wrote: »

Hi

I have been off work after a knee replacement and getting company sick pay, ( they have an insurance policy that covers management)

I should have been getting 75% of wages but constantly get various amounts. I have queried this as last money I only received a very small monthly amount.

The answer I got back said the insurance company have agreed my claim and will pay me 75% minus any state benefit that I may be eligible to claim (esa)..

Now I didn't think I could claim it as I am getting company sick pay. On the web it says you cannot claim it if getting Statutory sick pay so I assumed I couldn't as getting more than the SSP.

Can anyone advise what is right?? If I cant claim it can they keep deducting the benefit amount?

Thanks in advance

For the majority of good employers (including the Civil Service) you are generally entitled to an extended period of full or near full pay for around 6 months followed by another 6 months of half pay.


SSP is generally treated as in payment by the employer for the first 28 weeks and reduces the sick pay they pay by an equivalent amount. You don't notice this as you still get sick pay in full - it is made up of two components. After all of the employers sick pay scheme is finished - up to 12 months of payment whilst off sick, you apply for ESA.


So no you don't get the employers sick pay + SSP.

NYM

adviceforall wrote: »

Hi
I have been off since Oct last year. I do not get SSP, i get paid company sick pay which I believe is different and does not run out..

Your Employer's Occupational Sick Pay Scheme is likely to assume that SSP is being paid. For example, the amount (I think it's about £88 a week) is deducted from the company sick pay you're receiving.

Once the 28 weeks is up, I believe you can claim contribution based ESA (if you've paid sufficient NI contributions) and still receive a 'top up' from the occupational sick pay.

You can't of course get SSP and ESA at the same time.

You can receive both your occupational sick pay and CB ESA because it is not means tested.

Torry_Quine

NYM wrote: »

Your Employer's Occupational Sick Pay Scheme is likely to assume that SSP is being paid. For example, the amount (I think it's about £88 a week) is deducted from the company sick pay you're receiving.

Once the 28 weeks is up, I believe you can claim contribution based ESA (if you've paid sufficient NI contributions) and still receive a 'top up' from the occupational sick pay.

You can't of course get SSP and ESA at the same time.

You can receive both your occupational sick pay and CB ESA because it is not means tested.

that's corrrect, they will have been getting SSP as part of the sick pay and will be entitled to ESA from 28 weeks.