UC sanctions with baby under 1, pregnant and signed off sick with PND and need to quit job

mrc1234

Hi,

Apologies for the long post but i need some help and advice...

I had a DD in March 2019, i went on mat leave when i was around 8 and half months pregnant (i have worked since i was 17 and now 27 - to add i started my job just after i was 3 months pregnant although i didnt know at the time of leaving my job), whilst on mat leave my dad had a brain aneurysm the week before i gave birth so this was pretty horrendous being so far gone and about to drop, dad survived but is not the same person now. Anyway to add to this whilst in labour, the midwife messed my birth up and as she was incompetent to check me quickly as i knew i was ready she sat and waited, once the midwife changed over i had to give birth within half an hour before they would intervene, luckily i managed to have DD before 30 minutes was up but when born she wouldnt cry and struggling to breathe and we ended up in neonatal unit (hospital messed up quite a lot of stuff and have investigated and openly admitted that they failed and if i had her an hour earlier we would've been fine without any neonatal etc)... anyway, i was on mat leave until July when my partner took 2 weeks shared parental as he was changing jobs and my MIL had DD for 2 weeks, after being at work for a month i realised i wasn't ready to be back at work and was signed off by the doctors for post natal depression. I have now been signed off for 4 months and the job i currently have is not suitable for me and my partner, i would be better off staying at home or working part time as childcare is ridiculous and we are far away from both sides of the family so no childcare support from them and i am also 4 and half months pregnant (unplanned and the biggest shock of my life) and still not quite ready to go back to work- i need to know what my next step is? IF i quit my job will i be sanctioned by universal credit? if so does anyone know how long and how much will be deducted? although i believe you cannot be sanctioned for quitting your job and having a baby under 1 but will this be the same when i am currently signed off sick and i went back to work for a month? My anxiety is through the roof as i need to get this sorted ASAP as doctors note runs out in 2 weeks and i dont want to get signed off again if i can get this resolved without having to do so? Please no harsh judgement, 2019 has been a bad year apart from my DD and i just need some help with what to do next.

Thanks for any help....

calcotti

I have found it quite difficult to follow your narrative. If I understand it correctly you have a child under 1 year old and you are thinking of giving up your employment and want to know if you can be sanctioned.

As you have a child under 1 you have no work search conditionality. Therefore you cannot be sanctioned.

mrc1234

Hi calcotti,

Sorry if you’ve struggled with my post, it’s my first time and I’m pretty stressed... yes basically I have a child under 1 and worried that if I quit my job I will be sanctioned, I’m more worried as I went back to work and was signed off sick so I worry they will sanction me because of this... I hope that helps clarify my worries/ question?

calcotti

mrc1234 wrote: »

Sorry if you’ve struggled with my post, it’s my first time and I’m pretty stressed...

No criticism intended - just wanted to be clear that I had grasped the fundamental issue.

mrc1234 wrote: »

I have a child under 1 and worried that if I quit my job I will be sanctioned.

As per my previous post, you have no work search conditionality because of the age of your child, therefore you cannot be sanctioned.

mrc1234 wrote: »

I’m more worried as I went back to work and was signed off sick so I worry they will sanction me because of this...

Makes no difference - it's not relevant.

mrc1234

Thanks for your help and clarification! Much appreciated

WhenIam64

At one point your employer should have a "return to work" interview as they have to (must) keep your job open. Why not contact them and ask to set a date for that interview towards the end of your fit note.

At the meeting you can tell them you do not want to return and they can then release your job. At the same time you will be collecting holiday pay for the time you are off which you will get paid at the end.

Are you getting Maternity Pay?

https://www.acas.org.uk/maternity

You can also use one of the online calculators such as Turn2Us to work out you (and your partner's) entitlements.

And congratulations on the baby, No wonder you are frazzled.

mrc1234

I was going to call my manager this week and explain everything and say I’m not going to return at the end of my fit note... I got maternity allowance for DD in March but that stopped when I went to work in July and am now having to claim ESA as I’m not entitled to SSP due to not working enough within the year... but unsure on what I am entitled to with this baby regarding mat pay

Thankyou! Yes for sure frazzled and defo stressed and baby on the way was a very big shock lol

calcotti

To be clear - are you claiming ESA, UC or both?

mrc1234

I receive both, it’s the new style esa

mrc1234

So I went to the job centre today and the lady said it's all on a case by case basis so it wouldn't be guaranteed on whether or not I would be sanctioned and i would need to have a good enough reason to not be working etc... I was going to tell my manager about not coming back but realised if I do this then all my money that I do get would be messed up as I am on sick pay so I would lose the money I would get and it would leave us with nothing which isn't the right choice with Christmas around the corner and another baby on the way so I think I will carry on being signed off sick until I can on Mat leave early, I'm not sure on SMP as I got MA with my DD in March and have only worked jan feb and July of this year so would I qualify for SMP if I ride it out with the sick notes?

calcotti

mrc1234 wrote: »

So I went to the job centre today and the lady said it's all on a case by case basis so it wouldn't be guaranteed on whether or not I would be sanctioned and i would need to have a good enough reason to not be working etc...

In my view you have been misadvised. If you have no UC conditionality you cannot be sanctioned. Provided you are the responsible carer of a child under one you have no work related conditionality.