ESA/SSP1 confusion

[Deleted User]

I have been off work for 4 weeks due to a pregnancy complication. I gave my employer a sick note and then left it at that. However, she later told me that I was not entitled to SSP as I did not earn enough money to qualify so therefore I need to apply via Job Centre. She filled in an SSP1 form with a sick note attached and I have sent that off to ESA in Wolverhampton. I then called ESA and they have made a new claim for me (ESA50) and I have to send my second sick note that I have got from the doctors for another 4 weeks and they said they'll backdate it from then.

1) is it paid every week/fortnightly/monthly?
2) if I leave work, will I still be entitled to ESA or will I have to go on another type of benefit?
3) I go on maternity on the 7th August so in the meantime, I need income but will ESA still cover me from the date I 'leave' employment until the day I start maternity? (I will get maternity allowance, as I am not eligible for maternity from my employer)

Torry_Quine

As you haven't been earning enough to pay NI contributions are you earning enough to be credited with Ni. If you have you will be able to get contribution based ESA but if not then it will be income based which goes on the household income and savings.


You will be able to claim it until you go on maternity allowance and it would continue if you left work.

[Deleted User]

Torry_Quine wrote: »

As you haven't been earning enough to pay NI contributions are you earning enough to be credited with Ni. If you have you will be able to get contribution based ESA but if not then it will be income based which goes on the household income and savings.


You will be able to claim it until you go on maternity allowance and it would continue if you left work.

Hi there and thank you so much for replying.

I see what you mean! So if I handed my notice in at work now, I can still continue receiving ESA until Maternity Allowance takes over? Also, wouldn't ESA need to keep having fit notes from my doctor?

pmlindyloo

Bit confused here.

Has your doctor said how long you are going to be unable to work?

To claim ESA (you may not even be entitled to contribution based ESA if you haven't paid sufficient NI contributions and you may not be eligible for income based ESA if you live with your partner - would be useful to know more details here) then you have to have a fit note from your doctor.

If you will be fit for work before your Maternity allowance starts then you need to return to work because without a fit note you won't get ESA (if you are entitled to it)

So first question! Will you be fit to return to work before your Maternity Allowance begins?

Torry_Quine

Deleted User wrote: »

Hi there and thank you so much for replying.

I see what you mean! So if I handed my notice in at work now, I can still continue receiving ESA until Maternity Allowance takes over? Also, wouldn't ESA need to keep having fit notes from my doctor?

Yes you would need to keep sending fitnotes from your GP

[Deleted User]

pmlindyloo wrote: »

Bit confused here.

Has your doctor said how long you are going to be unable to work?

To claim ESA (you may not even be entitled to contribution based ESA if you haven't paid sufficient NI contributions and you may not be eligible for income based ESA if you live with your partner - would be useful to know more details here) then you have to have a fit note from your doctor.

If you will be fit for work before your Maternity allowance starts then you need to return to work because without a fit note you won't get ESA (if you are entitled to it)

So first question! Will you be fit to return to work before your Maternity Allowance begins?

Hi, sorry for late reply.
No idea. I think they'll write me another sick note for 4 weeks again once the one I have has ended. I doubt I will be fit to return to work as I have to be on pelvic rest due to pregnancy complications and my work is strenuous labour

Bananas123

DeletedUser wrote: »

1) is it paid every week/fortnightly/monthly?
2) if I leave work, will I still be entitled to ESA or will I have to go on another type of benefit?
3) I go on maternity on the 7th August so in the meantime, I need income but will ESA still cover me from the date I 'leave' employment until the day I start maternity? (I will get maternity allowance, as I am not eligible for maternity from my employer)

hello, not 100% certain, for everything but pretty sure:

1) esa is every 2 weeks, on a same allocated day of the week (mine is mondays / sun night 12am...)

2) you will be entitled for as long as you can provide sick notes (vs. a 14 week assessment phase (from day 1) then you don't have to send anymore, if you are put on esa normal rate, although it can take longer (indefinate) to be assessed, maybe less...

if you are ineligable for esa, then there is only JSA as an option for many people.

3) it covers the duration of your claim, so from day 1 (the date you listed you were applying form) UNTIL you close / they close by finding you fit for work (although you can appeal).

/\ so make sure you tell them etc, i don't know about maternity etc but if you are claiming both / they clash / you return to work whilst still claiming things / the wrong things, then potentially they can see it as fraud / demand reypayment.

BUT i think you should check esa / maternity protocals, to see, if esa is more suitable then maternity, and you are ill / eligable, and it is chronic, then obviously it would be more sensible to remain until you get better etc.

---

i posted a thread the other day, asking people for how long to be seen (just sent my 2nd esa50 off), and it looks like it can be several months for some people...

so you may find, august 7th has elapsed before you are seen, potentially (just the way things are..).

also you have to wait a while, if you are found unfit for work, for the money (normal rate minus assesment rate x duration of claim) to be backdated (or i did, i think several weeks (?)) < also here, you have to be seen and then await a POSITIVE desicion, to be eligable for the backdated money.

> so you can't "count" on that money being backdated etc, and it will probably be difficult, with going on maternity, and them potentially saying you are not eligable for esa, baring in mind you may not be assessed for some time.

i dunno if there is a possibility etc, if you would have to attend a tribunal in X months time (maybe even whilst back at work), just for them to say yes, you were infact ill ("ages ago" (relatively speaking) to then have to wait a bit more...

hope that makes sense.

good luck / congratulations on the pregnancy!

regards