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SSP after 28 weeks

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      01-18-2010, 01:37 PM
On 18/01/2010 12:19, RichardL wrote:
> On Jan 18, 11:41 am, Robbie<(E-Mail Removed)> wrote:
>> RichardL wrote:
>>> On 17 Jan, 19:26, Robbie<(E-Mail Removed)> wrote:
>>>> RichardL wrote:
>>>>> On 16 Jan, 21:08, Robbie<(E-Mail Removed)> wrote:
>>>>>> Niteawk wrote:
>>>>>>> "Robbie"<(E-Mail Removed)> wrote in message
>>>>>>>>> I think it does matter, how is she going to qualify for ESA on full
>>>>>>>>> pay? No pay means she automatically qualifies for cont based ESA
>>>>>>>>> subject to the usual checks. Being on half pay while hubby is on full
>>>>>>>>> pay is a bit of a puzzler. IMO she wont qualify if she has enough SSP
>>>>>>>>> to live on, they may take hubbys income into account here. Who knows?
>>>>>>>> I know, which is why I answered the question. You don't and are
>>>>>>>> guessing at answers again.
>>>>>>>> With respect Niteawk, your answer is wrong and completely misleading.
>>>>>>>> For a start, SSP entitlement is exhausted as 28 weeks have passed. The
>>>>>>>> next stage is to claim ESA. Secondly conts based ESA is not means
>>>>>>>> tested except for people receiving a works pension above a certain
>>>>>>>> amount. A person can be in receipt of full pay, half pay, no pay it
>>>>>>>> makes no difference to Conts based ESA. It does affect income based
>>>>>>>> ESA. You are confusing the two and giving out bad advice.
>>>>>>> Assuming a modicum of intelligence, I fail to see what is misleading
>>>>>>> about a post that simply gives an opinion and advises the OP to visit
>>>>>>> his local CAB for clarification. Perhaps you can enlighten me.
>>>>>> Yes, I've given the OP the advice his wife needs. A 6 week wait for a
>>>>>> CAB appointment is hardly the answer to it. You might be lucky and have
>>>>>> a CAB that operates an open door policy. Most do not and only take
>>>>>> pre-arranged appointments.
>>>>>> There is a procedure that both employer and the DWP should follow once
>>>>>> an employee has exhausted SSP entitlement and a claim to state sickness
>>>>>> benefit (ESA) is required. It's not clear here that the employer has
>>>>>> followed this procedure.
>>>>>>> As an aside SSP is not completely exhausted. The OP's wife is now on SSP
>>>>>>> at half rate.
>>>>>> Wages, not SSP, at half rate. You must have misread. SSP is payable for
>>>>>> a maximum of 28 weeks, at a set rate, in any one period of sickness.
>>>>>> Once the 28 weeks is up the person has to claim ESA. Wages have nothing
>>>>>> to do with this and it is the wages of his wife which have dropped to
>>>>>> half, not the SSP. Entitlement to SSP has been exhausted.
>>>>>> For wages this is common in many companies, full wages are paid for X
>>>>>> weeks during sick absence, half wages for Y weeks and some companies
>>>>>> then pay pension rate pay for continuing sickness after a further point.
>>>>>> Some companies pay no wages at all, just SSP and once that has ran out
>>>>>> then it's ESA or nothing at all. The NHS continue to pay wages but have
>>>>>> done so at a reduced rate. But wages have nothing to do with SSP or ESA.- Hide quoted text -
>>>>>> - Show quoted text -
>>>>> Thanks Robbie,
>>>>> any idea what I can quote (other than your obvious knowledge of the
>>>>> subject) to the ill informed DWP clerk.
>>>>> kind regards,
>>>>> Richard
>>>> Just to check first: did the employer send out anything relating to SSP
>>>> ending and making a claim for ESA? She should have been sent an SSP1
>>>> claim pack by the employer. That is recognised standard practice the
>>>> employer ought to have followed.

>>>> The form is available to view at:


>>>> (requires Adobe to view)

>>>> The employer is supposed to complete that form and enclose any relevant
>>>> medical certificate that extends beyond the date SSP is payable.

>>>> Did the employer send the form?- Hide quoted text -

>>>> - Show quoted text -

>>> Yes they did albeit late.
>>> Can you point me to anything re your view on the ESA claim when on
>>> half pay. I've looked and looked and found nothing other than "you
>>> might..."
>>> Richard

>> All I can suggest is she contacts the DWP once again and tries to hurry
>> things up and perhaps try to speak to someone else at the DWP. Her pay
>> is not an issue for contributions based ESA, it would be for income
>> based ESA and it appears that either the DWP clerk is getting mixed up
>> or is taking a claim for both contributions and income based elements of
>> ESA.- Hide quoted text -
>> - Show quoted text -

> Thanks for all your help and patience. One final question.
> When she goes onto no pay - do you think she is entitled to anything?
> Is the contribution based ESA just while she is employed?
> I work and we own our house. Does it depend on wether she gets
> sicknotes or not?
> Thanks,
> Richard

Contribution based ESA would be paid for as long as she satisfies the
conditions for receiving it and can be paid while she is in or out of
employment. if she goes on to no pay then ESA is all she will be able to
get. If she has to give up her job then she will be able to stay on ESA.
She will need to continue to provide sicknotes but at some point the DWP
will decide she no longer needs to submit a sicknote and instead her
entitlement to benefit will be decided by reference to the Work
Capability Assessment test I mentioned previously.
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