Entitled to sick pay?
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CEON44
Posts: 473 Forumite
My brother in law has been paid off work under medical grounds. He is 55 and will get his pension mid December. He is being paid until that date. In the meantime he has applied for and been granted PIP. When he officially finishes in Dec is he also entitled to Statutory sick Pay? If so what should he do?
I started out with nothing......And still have most of it left:p
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SSP is paid by an employer. If he is not employed he cannot get SSP. He may be able to claim new style ESA
https://www.gov.uk/guidance/new-style-employment-and-support-allowance
ESA is not means tested except that a deduction of 50% of any pension income over £85 will be made from the amount of ESA payable.
If they claim in December DWP will look at their NI record for the tax years 2016-17 and 2017-18. If they claim after the first Sunday in January the years looked at will be 2017-18 and 2018-19.
If he and your sister are on a low income with less than £16,000 of savings they may be able to claim Universal Credit.
https://www.citizensadvice.org.uk/benefits/universal-credit/Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
What date was your brother in law last able to do any work?
If he's been off work for over 28 weeks he would qualify for New Style ESA now if he meets the contribution conditions.0 -
SSP is paid by an employer. If he is not employed he cannot get SSP. He may be able to claim new style ESA
https://www.gov.uk/guidance/new-style-employment-and-support-allowance
ESA is not means tested except that a deduction of 50% of any pension income over £85 will be made from the amount of ESA payable.
If they claim in December DWP will look at their NI record for the tax years 2016-17 and 2017-18. If they claim after the first Sunday in January the years looked at will be 2017-18 and 2018-19.
If he and your sister are on a low income with less than £16,000 of savings they may be able to claim Universal Credit.
https://www.citizensadvice.org.uk/benefits/universal-credit/
Not my sisters husband. Its my wifes brother. He is single with no dependents. With regards savings he has none at the minute but he is being pensioned off medically and in December will receive about £43k and weekly pension of about £275. He does however have outstanding mortgage of about £33k so he wants to pay that off leaving him about 10k He has been in work solidly since age 18 and has full NI contributions. He himself hasnt mentioned ESA I was just thinking about whether he could claim it as he has medical conditionI started out with nothing......And still have most of it left:p0 -
What date was your brother in law last able to do any work?
If he's been off work for over 28 weeks he would qualify for New Style ESA now if he meets the contribution conditions.I started out with nothing......And still have most of it left:p0 -
Sorry, should have said.
Not my sisters husband. Its my wifes brother. He is single with no dependents. With regards savings he has none at the minute but he is being pensioned off medically and in December will receive about £43k and weekly pension of about £275. He does however have outstanding mortgage of about £33k so he wants to pay that off leaving him about 10k He has been in work solidly since age 18 and has full NI contributions. He himself hasnt mentioned ESA I was just thinking about whether he could claim it as he has medical condition
You say his weekly pension will be £275, is that correct? If so then any pension over £85 per week reduces the amount of New style ESA he maybe entitled to and with that amount of pension it will reduced the ESA to zero. This is because a pension will reduce the ESA by 50p for every £1 over £85.0 -
poppy12345 wrote: »
You say his weekly pension will be £275, is that correct? If so then any pension over £85 per week reduces the amount of New style ESA he maybe entitled to and with that amount of pension it will reduced the ESA to zero. This is because a pension will reduce the ESA by 50p for every £1 over £85.
Their award would be £16.65 per week.0 -
poppy12345 wrote: »Based on that information when he does receive the £43,000 then he won't be entitled to any Universal Credit because of the £16,000 savings limit. This will include if he pays off his mortgage because it could be classed as deprivation of capital.
UC Regulations 2013
Notional capital
50.—(1) A person is to be treated as possessing capital of which the person has deprived themselves for the purpose of securing entitlement to universal credit or to an increased amount of universal credit.
(2) A person is not to be treated as depriving themselves of capital if the person disposes of it for the purposes of—
(a)reducing or paying a debt owed by the person; or
(b)purchasing goods or services if the expenditure was reasonable in the circumstances of the person’s case.
However with a pension of £275/week there will not be any entitlement to UC due to income.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
Thanks for the answers. So it looks like he wont be entitled to any ESA. Thought it was worth asking.I started out with nothing......And still have most of it left:p0
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sammyjammy wrote: »See post 7, in addition he would get NI credits.I started out with nothing......And still have most of it left:p0
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