ESA and Occupational Sick Pay question

PoGee

I'm writing on behalf of relative again, who's off sick long term. She's no longer getting SSP and sent DWP her SSP1 form when SSP ended. Then put in her claim for ESA which was successful as she's been working with them for decades and has enough NI contributions for what I think is contribution based ESA. She called today in a bit of a tizz, as she's got a letter from ESA asking where her 'income' is coming from and that they got this income info from HMRC. She's saying something about a form also. I've not seen it yet but will pop round next week. Does anyone know what she's talking about? She's more black affronted than anything else as she's saying her character is being questioned. (She's still off sick, sending in regular sick lines and not working.)

Spoonie_Turtle

Does she have any kind of pension in payment?

PoGee

Spoonie_Turtle said:

Does she have any kind of pension in payment?

No, no pension.

calcotti

Is she receiving any occupational sick pay. If she is that is fine but ESA may want to check that is sick pay and not earnings from
work.

PoGee

calcotti said:

Is she receiving any occupational sick pay. If she is that is fine but ESA may want to check that is sick pay and not earnings from
work.

Yes occupational sick pay and not working, which is why she's sending in sick notes to DWP. Do they question every occupational sick + ESA recipients like this? She's saying she feels they're calling her a liar.

poppy12345

PoGee said:

calcotti said:

Is she receiving any occupational sick pay. If she is that is fine but ESA may want to check that is sick pay and not earnings from
work.

Yes occupational sick pay and not working, which is why she's sending in sick notes to DWP. Do they question every occupational sick + ESA recipients like this? She's saying she feels they're calling her a liar.

Permitted work is allowed when claiming ESA providing you remain within the rules. https://www.entitledto.co.uk/help/permitted-work-rules A fit note isn't evidence that you're not fit for work.

DWP do check and they are well within their rights to do that. I don't think they are calling her a liar, they are just doing what they should do.

calcotti

poppy12345 said:

Permitted work is allowed when claiming ESA providing you remain within the rules.…..

DWP do check and they are well within their rights to do that. I don't think they are calling her a liar, they are just doing what they should do. 

Permitted Work is not relevant as she isn’t working . She’s receiving occupational sick pay.

I agree that they are only doing their job in checking. (Occupational sick pay will presumably appear as earnings on any HMRC information.)

huckster

On the ESA application they asked about occupational sick pay and how much. For ESA to be asking about it after the event suggests that it was not information provided on the application. ESA then see the earnings on HMRC income data and ask what this is.  Perfectly reasonable to ask, when it may have been missed on the application.

PoGee

I don't think they ask about occupational sick pay but do ask about occupational pension.

marcia_

PoGee said:

I don't think they ask about occupational sick pay but do ask about occupational pension.

 They ask about any income being received from an employer 

TELLIT01

She is not being called a liar, nor is she being picked on or unfairly treated by DWP.  They are seeing what could be income, based on the information provided by HMRC.  They have a duty to investigate.