Incapacity benefit query

moosetastic

hi, hope someone out there can help.

My hubby has suffered with bi polar depression for many years. last year he was fit to start work at a local community centre where he worked for 18 hours a week. Unfortunately, his condition got worse and worse, and at the start of April he went back on long term sick. He did not receive any sick pay from his employer, but us thinking that his absence would only be short term, he did not claim any SSP.

Unfortunately his condition got worse, so the community centre sacked him at the end of May. We immediately put a claim in for IC, which has been on hold ever since. JCP has been asking for a copy of a SSP1 form from his previous employer to explain why they did not pay him sick leave. My hubby has requested this on numerous occasions, phoned, wrote letters and even gone back and asked for it, with nothing forthcoming.

We have constantly phoned JCP to let them know that we are still trying to get hold of the form, and that his claim is still ongoing.

On Saturday, we get a letter from JCP saying that he was getting a payment to cover 29/05/2007 - 28/06/2007 which would be paid into his account within 5 days, but no details of anything else.

My hubby has called them today and they have said that his claim is now closed due to the lack of SSP1 form. This is disgusting as the claim has been ongoing since May and backpay alone on this decision is over £1000. They then told my hubby to call his ex employer and threaten them that if they did not provide the SSP1 form they would be investigated by the Inland Revenue and DWP!!!

I cant understand why they would pay 1 months of money and nothing else? if he entitled to the benefit then surely they should pay for the last 5 months? I also cant understand why they would close the claim when we have informed them over and over about the form? I also cant believe that they would not persue the form themselves?? If they think that its worth investigating then why have they kept us waiting so long and not gone ahead and done it??? Plus I am very very annoyed at the thought of losing £1000 of money that my husband is entitled to. He is still ill, still wanting this help yet nothing? Please can someone please set my mind straight about this as im sure there is something wrong here. This claim has been closed through no fault of my husbands and yet we have suffered another setback. I am seriously considering going to the CAB and finding out exactly what is going on :mad:

dmg24

It is not the responsibility of the DWP to get the form from the ex employer, and I can understand why they have closed down the claim after such a length of time.

You need to take advice on how you can pursue the matter of the ex employer not paying SSP, and not providing the SSP1 form. Once you have received this form, you can then pursue the IB claim with the DWP.

stazi

The employer is LEGALLY obliged to issue form SSP1, and failure to do so can means that they have committed a civil offence. It might be worthwhile telling this employer this fact- and that HMRC may prosecute them.

HMRC are responsible for policing the SSP scheme.JCP should have referred this case to their local HMRC office in a file for HMRC to contact the employer for the SSP1. Contact JCP and ask them to do so now.

Without knowing all the facts, your husband may be entitled to a '104 week linking', again ask JCP.

If your husband has given JCP his P45, then this proves that their will be no SSP anyway after xxx date on the P45.

Ask JCP for some 'INTERIM PAYMENTS' of IB until the clalim has been decided when the HMRC has obtained the SSP1.

moosetastic

thank you both for your advice. He called his employer yesterday and they have been falling over themselves to get this filled in!! Amazing what a threat of investigation can do, but wish it hadnt come to that. He's seeing his employer tomorrow morning for them to fill it in while he waits, then hes phoning the welfare rights woamn to see how best to approach the job centre.

Homework

Great idea to involve Welfare Rights as they will check what is happening from now on.

I think the threat of investigation always has similar results, I've heard it used before.

Hope it all goes well for you and I hope your husband is more relaxed when this is all sorted out. It is hard being ill with more stress on top.

moosetastic

Thankyou Homework , he has been to see his employer today and the form will be completed tomorrow.