Not eligible for SSP? Can I get ESA?

weirdtimes

Hi there,

I started a new job on 2nd September. I'm on a zero hours contract, in probabationary period. It's shift work so my hours can be all over the place but generally follow a two week pattern. My last working shift was 14th Oct. 

Was due to be working 16th and 18th Oct (today) this week but have been off ill. Figured I'd be better enough to work by next shift on 20th. Was due to work 21st and 22nd too. However my employer has a policy that these shifts are now covered (they cover a week if off sick) so I'm not in until 25th. 

They've said I can't claim SSP even though I'm basically now off sick for over a week. 

Is this to do with not working for them long enough? I have earned enough in the weeks I have been working for them to qualify so it can't be that. 

Prior to this job I was claiming new style ESA. 
Can I make a re claim for ESA for the week?

Relevant info re. my health: I was getting ESA for mental health related things. Had actually just been placed in the support group (to my surprise) a couple of weeks before starting this job. This week my mental health is awful, being physically ill on top has really pushed me to the edge. I'd actually welcome the extra time off work to get myself together a bit. So in that sense it doesn't feel wrong to count it all as sick leave, if anyone was wondering. It's just finances, and not wanting to let down employer, that meant I was giving my all to drag myself back for the 20th. 

tacpot12

Ask your employer for an SSP1 form. They have to give you this. It will tell you why they aren't paying you SSP.

chrisbur

You cannot get SSP if you have had ESA within the last 12 weeks.  This should be advised to you by your employer on the form SSP1 mentioned above.  I would assume that there is some sort of linking for this to the old ESA claim but that is not something I know a lot about so hopefully if you contact the ESA people on the details given on the SSP1 form you should learn more.

For info SSP1 form here....
https://assets.publishing.service.gov.uk/media/63245dc8d3bf7f1bfca95d91/ssp1-interactive.pdf

Northern_Wanderer

You may have bee able to do permitted work whilst in receipt of ESA. Why did you give up the ESA?

weirdtimes

Northern_Wanderer said:

You may have bee able to do permitted work whilst in receipt of ESA. Why did you give up the ESA?

I only claimed ESA whilst between jobs. I actually originally claimed JSA but at my first appointment it was suggested ESA was an option so I could find an appropriate job without risk of sanctions or Jobcentre demands. Was amazed I passed (failed?) the assessment to be honest! Quite disturbing given that when really unwell in previous years I had to appeal to get ESA. 

I did consider the permitted work route. But wanted to be "properly" working for other reasons. I am still looking for another job but knew I'd get this one easily and better to be working already to get a new job as it looks better. Mental health wise, I'm in the position now where it's better for my long term mental health to be working rather than not. Without being physically ill this week I'd have got through the mental blip without needing time off, but physically illness really gets me mentally. 

weirdtimes

The advice about no SSP turned out to be clueless advice (why do people who know nothing act so confident in their ignorance?!) and I have been able to contact the appropriate person at work to speak to.

Obvs it will be ESA not SSP due to the 12 week rule. 

Thank you so much for the advice! When in physical mental brain fog and frustration it was so helpful to have it spelled out to me.