DWP Investigation

calcotti

Targaryan said:

Thank you Robbie
Im really not sure if it is a pension. He is still employed by the company, and has never received notice or resigned, although he last worked in 1992. He originally had sick leave, and then this long term sickness benefit kicked in. I was under the impression it was a perk offered by the company at that time. All the paperwork came from Unum, and his payslip still comes from his company. It sounds pathetic, but it’s so long ago, neither of us can remember very much.

If he is still employed by the company any money the employer is still paying him has no impact on contribution based ESA.
If he ceased employment and continued to receive an insurance payment as a result of premiums paid by his former employer then the rules described by Robbie would become relevant - although he might benefit from transitional protection.
in all probability the DWP are doing a data matching exercise, possibly they suspect the payments are because he has been working. If he produces payslips to show the payments are from the employer and that they are sick pay there should be no problem.

Targaryan

That is the best news I’ve heard! Thank you so much!
The DWP have just asked us to supply payslips and P60 forms which we can do. 

They did ask us if he was working in the initial phone call they made, and we said he hadn’t worked since 1992. Hopefully this is what they are doing.

calcotti

Targaryan said:

That is the best news I’ve heard! Thank you so much!
The DWP have just asked us to supply payslips and P60 forms which we can do. 

They did ask us if he was working in the initial phone call they made, and we said he hadn’t worked since 1992. Hopefully this is what they are doing.

If it is not clear from payslips that it is sick pay he may need a letter from employer confirming that he is not and has not been working - but just wait to see what DWP say.

Targaryan

It does state long term sick pay on the pay slips
Another point of interest, the DWP didn’t stop his ESA, which did surprise us. I would have thought they would suspend it, not that I’m complaining. 

calcotti

Targaryan said:

It does state long term sick pay on the pay slips
Another point of interest, the DWP didn’t stop his ESA, which did surprise us. I would have thought they would suspend it, not that I’m complaining. 

If they suspected fraud they might suspend it but if they are only data checking they have no reason to do so at the moment. If the payslips are clear that it is sick pay there shouldn't be any problem.

Targaryan

Brilliant. Fingers crossed

Targaryan

Back again.....
I’ve looked around and can’t find any reference to receiving ESA while still employed. Most information seems to centre around working while on ESA and hubby isn’t working, although still technically employed. 

Also, is their a limit to the amount he can receive from his employer? The lady who spoke to us said something about being allowed to earn £20 a week, although that would be working and earning. I know this sounds horribly confusing.....

calcotti

Targaryan said:

Back again.....
I’ve looked around and can’t find any reference to receiving ESA while still employed. Most information seems to centre around working while on ESA and hubby isn’t working, although still technically employed. 

Also, is their a limit to the amount he can receive from his employer? The lady who spoke to us said something about being allowed to earn £20 a week, although that would be working and earning. I know this sounds horribly confusing.....

Contribution based ESA is payable indefinitely if somebody has been placed in the Support Group. Employed people can receive ESA once their 28 week entitlement to SSP has ended. Indeed people can do some limited work for which they are paid and still receive ESA.
In general all income and savings are ignored - because it is a contribution based benefit. However there is an exception which means that pension payments and some insurance payments are taken into account and ESA payable reduced if those payments exceed £85/week. The relevant insurance payments would be payments from a sickness insurance policy for which more than 50% of the cost of the premiums were paid by the employer - but only if the employment has ended. While your husband remains employed these payments are treated in the same way as occupational sick pay which is ignored.

The reference to £20/week is irrelevant is the earnings disregard where earnings are taken into account for people who are working and claiming income based ESA. However even that advice ignores 'permitted work' which allows your husband to work up to 16 hours and earn not more than £140/week and have these earnings ignored.

Targaryan

That makes total sense. Thank you so very much. So the fact that he is still employed, means the DWP will ignore any payment from his employer despite the amount?

calcotti

Targaryan said:

That makes total sense. Thank you so very much. So the fact that he is still employed, means the DWP will ignore any payment from his employer despite the amount?

They should.