Wife cannot work - Mental Health Issues

UKSBD

Sorry, this is a bit long and complicated

My wife suffers from panic attacks, agoraphobia and all that goes with it.

This 1st section is from before we were married or living together.

From her late teens she never held a job down longer than a few days.

She started receiving severe disability benefit (or similar) of about £40 a week.

She was then asked to visit an assessment centre in centre of Coventry, which due to her condition was impossible, the letters made her condition worse, her benefits stopped and eventually I was given rights to act on her behalf (don't know legal terminology but I effectively could do everything for her, and letters were then addressed to me).

I organised home assessment visit and her benefits were restored and backdated.

Jump forward 18 months or so and she started receiving letters again (addressed to her) saying benefits would be stopped if she didn't go for assessment in Coventry.

This made her condition worse and she started hiding all letters she received from me.

Eventually the benefits stopped and I found out about the hidden letters.

By this stage her condition was worse than ever, her parents as good as kicked her out, so she came to live with me.

Her condition was so bad she didn't want all the stress of making another claim so was now receiving nothing.

Over the next few years she got a lot better, but was never capable of working, so for approx. 5 - 7 years was not working, not claiming, so not on any records.

We then got married had a child and at about the same time I started my own business.

As it was a home based business my wife was genuinely helping, answering phone, writing envelopes, organising office, etc. so the company employed her part time, just paying enough for NIC contributions.

Everything was pretty OK for the next 7 - 8 years (compared to how things had been), she was happily working part time for the business and genuinely earning her pay.

About 2 years ago she had a relapse which has now got to the stage where she can't even answer the phone, can't write envelopes (she has OCD tendencies) and now does nothing to justify her wage.

Realistically she now no longer earns her wage.

As a Company Director I have legal obligations to the company and I'm not sure if employing someone like this allowed?

Likewise I'm not sure if legally the company could make her redundant (Equality Act)

I as a Company Director have a dilemma, if the company keeps employing her it could be seen as I am only doing it because she is my wife.

If I as a Company Director fire her/make her redundant the company could fall foul of the Equality Act.

After that long winded bit - a couple of questions.

1. How should I handle this as a Company Directory

2. If the company makes her redundant will she be eligible for any benefits. (she is to unwell to go on job seekers, but probably not classed as unwell enough for disability)

Sorry for long post

Darksparkle

Did the company pay her SSP for the first 28 weeks of her sick leave?

Is the company still paying her?

HappyMJ

She can go onto SSP. You pay her sick pay for as long as she is entitled. Eventually that will run out and she can apply for contributions based ESA.

I wouldn't make her redundant as the work is still required to be done you're just doing it instead whilst she is ill.

Guest101

UKSBD wrote: »

About 2 years ago she had a relapse which has now got to the stage where she can't even answer the phone, can't write envelopes (she has OCD tendencies) and now does nothing to justify her wage.

Realistically she now no longer earns her wage.

As a Company Director I have legal obligations to the company and I'm not sure if employing someone like this allowed? - Absolute rubbish. You can employ someone to do no work whatsoever if you wish.

Likewise I'm not sure if legally the company could make her redundant (Equality Act) - You don't make HER redundant, you make the role redundant. The Equality act does not prevent this.

I as a Company Director have a dilemma, if the company keeps employing her it could be seen as I am only doing it because she is my wife. - How many shareholders do you have?

If I as a Company Director fire her/make her redundant the company could fall foul of the Equality Act. - No you wouldn't.

After that long winded bit - a couple of questions.

1. How should I handle this as a Company Directory - Handle what? What is it you want to achieve?

2. If the company makes her redundant will she be eligible for any benefits. (she is to unwell to go on job seekers, but probably not classed as unwell enough for disability) - What benefits did you have in mind?

Sorry for long post

The first section was pretty much totally irrelevant for the questions you want answering, so I've removed it.

fruitisbad

I'm fairly Certain the equality act would only come into play if she felt she was unjustly dismissed from her role and wanted to take you to a tribunal. Assuming you are working towards this together that wouldn't be an issue.

She should be able to apply for ESA rather than jobseekers, though you would have to go through the whole assessment process again. If she vountarily leaves a job then you aren't eleigable for benefits a number of months, however if she left the job because she felt unable to continue the job, and this is backed up by a Doctors note this should be enough to start claiming ESA immediately, it was for me a number of years ago. Doing this may get round you having to make her redundent, but if she's made redundent due to a lack of capability she should also be able to claim straight away.

merlin68

What do you mean by is employing someone like this allowed.
Of course it is under the law.
If shes paid nics for the last 2 tax years she could get esa if she can get a fit note.
you can get esa for 365 days, longer if placed in support group.

fed_up_and_stressed

At present if she went off sick the first thing would be for her to get a fit note for after the first week. The company would look into her eligibility for ssp. If she is eligible she would be paid this for up to 28 weeks if not then she would apply for contribution based esa.

The employer can dismiss under its capability issues once reasonable adjustments to the role to take account her disabilities have been tried and exhausted.

UKSBD

Guest101 wrote: »

The first section was pretty much totally irrelevant for the questions you want answering, so I've removed it.

Sorry, don't know how to multiquote on her so tried to make layout obvious below.


You say Absolute rubbish. You can employ someone to do no work whatsoever if you wish.


I would love to here what HMRC would say if the company just employed the directors wife, children, etc. but they weren't justifying a wage.


You say - You don't make HER redundant, you make the role redundant. The Equality act does not prevent this.


The role isn't being made redundant, I would have to do extra work, employ someone else, or the company wind back a little.


There are 2 share holders (wife is share holder too)


You say the company has no fear of equality act if it made her redundant, what if it wasn't making her redundant but firing her (as that is probably more technically what this would have to be)?




Do you see now why this has to be handled properly as a Company director?


I have no idea what benefits I have in mind, hence the question.


My wife becomes someone who is too ill to work does that mean she is technically nothing - Not in employment, not claiming?

UKSBD

Darksparkle wrote: »

Did the company pay her SSP for the first 28 weeks of her sick leave?

Is the company still paying her?

She isn't on sick leave, the company is presently still paying full wages.

UKSBD

HappyMJ wrote: »

She can go onto SSP. You pay her sick pay for as long as she is entitled. Eventually that will run out and she can apply for contributions based ESA.

I wouldn't make her redundant as the work is still required to be done you're just doing it instead whilst she is ill.

Thanks, that basically sums up what is happening at the moment, I'm doing extra work whilst she is ill, no idea how long she will be too ill though.


Even though she may not physically be doing as much work, she is still working for the company, the company needs somebody covering the office when I am not in, taking deliveries, etc.


I don't think we could justify sick pay because of this.

UKSBD

fruitisbad wrote: »

I'm fairly Certain the equality act would only come into play if she felt she was unjustly dismissed from her role and wanted to take you to a tribunal. Assuming you are working towards this together that wouldn't be an issue.

She should be able to apply for ESA rather than jobseekers, though you would have to go through the whole assessment process again. If she vountarily leaves a job then you aren't eleigable for benefits a number of months, however if she left the job because she felt unable to continue the job, and this is backed up by a Doctors note this should be enough to start claiming ESA immediately, it was for me a number of years ago. Doing this may get round you having to make her redundent, but if she's made redundent due to a lack of capability she should also be able to claim straight away.

Thanks, what is ESA?
Edit to add: There is no way she could go through the assessment again.
She won't even leave the house at the moment and visitors petrify her.