Entitled to what, after resigning on ill health.


M

Madge-Z

Benefits wise, what would be the best step for my girlfriend who is going to
resign on the grounds of ill health?

If she doesn't resign, she will be sacked for a so called gross misconduct
that they have discovered/will act upon, from the past.

She is off on the sick at the moment, and has been signed off work for about
a month now, due to not being fit for work, and has sicknotes from the
doctor and her shrink, who believe she won't be fit for work for quite a few
months yet.

However, her company where she has given 17 years loyal service, has
demanded her resignation by the 23rd December, (due to a previous gross
misconduct), or they will have to give her the sack, possibly unfairly, but
her union rep has confirmed they can actually do this to her whilst she is
on the sick. She wants out of the company anyways, and isn't mentally fit to
fight any case against them, so she just wants to sort out benefits and get
the help she needs.

If she resigns on the grounds of ill health, will she be entitled to
benefits? Or will she be penalised for resigning? What are the implications?
Or can she even just sign onto incapacity benefits immediately? (She cannot
afford to wait 28 weeks without a source of income!).

A bit of background information: She has a 13 year old son, and a 2 bedroom
housing association flat rent to pay. She has £5000 life savings but will be
paying £2000 of that money back to people she borrowed money from to help
her move to her new flat recently). I do not live with her as a partner if
that has any bearing on the situation.

What help/benefits/route should she take from here?

Any sensible answers appreciated as this is not a good time to be given this
burden at Christmas, it's too much for her. Her
counselling/therapists/doctor etc cannot advise on benefits so she is very
worried and anxious as to whats about to happen to her financial situation.

I thought that by letting them give her the sack, and going straight onto
income support, would be better benefits wise, but then, the doctors say she
is not fit to work, so I don't believe she's going to be able to get on
Income support due to her 'being declared sick', so what does she
do/benefits should she claim for?!?

Thanks in advance for any replies,

Bob.
 
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M

Martin Davies

Madge-Z said:
Benefits wise, what would be the best step for my girlfriend who is
going to resign on the grounds of ill health?

If she doesn't resign, she will be sacked for a so called gross
misconduct that they have discovered/will act upon, from the past.

She is off on the sick at the moment, and has been signed off work
for about a month now, due to not being fit for work, and has
sicknotes from the doctor and her shrink, who believe she won't be
fit for work for quite a few months yet.

However, her company where she has given 17 years loyal service, has
demanded her resignation by the 23rd December, (due to a previous
gross misconduct), or they will have to give her the sack, possibly
unfairly, but her union rep has confirmed they can actually do this
to her whilst she is on the sick. She wants out of the company
anyways, and isn't mentally fit to fight any case against them, so
she just wants to sort out benefits and get the help she needs.

If she resigns on the grounds of ill health, will she be entitled to
benefits? Or will she be penalised for resigning? What are the
implications? Or can she even just sign onto incapacity benefits
immediately? (She cannot afford to wait 28 weeks without a source of
income!).
A bit of background information: She has a 13 year old son, and a 2
bedroom housing association flat rent to pay. She has £5000 life
savings but will be paying £2000 of that money back to people she
borrowed money from to help her move to her new flat recently). I do
not live with her as a partner if that has any bearing on the
situation.
What help/benefits/route should she take from here?

Any sensible answers appreciated as this is not a good time to be
given this burden at Christmas, it's too much for her. Her
counselling/therapists/doctor etc cannot advise on benefits so she is
very worried and anxious as to whats about to happen to her financial
situation.
I thought that by letting them give her the sack, and going straight
onto income support, would be better benefits wise, but then, the
doctors say she is not fit to work, so I don't believe she's going to
be able to get on Income support due to her 'being declared sick', so
what does she do/benefits should she claim for?!?

Thanks in advance for any replies,

Bob.
I don't know about whether she can resign and go on income support,
hopefully someone else can answer that.
However, if she is too sick to work, income support would be the way to go
(jobseekers allowance is for those available to work). Possibly she should
claim incapacity benefit and have income support top up on top of that, I've
come across a few people who were advised to claim both though the end money
coming in is income support amount for her circumstances.
Housing benefit should be claimed for the rent.

Its perhaps a good idea to go and see a welfare advisor or citizens advice
bureau office, to see about help with claiming and get advice & support in
person. There are various forms to fill in for benefits. Plus if claiming
income support, at some point the child support agency will want to know
about the son's other parent - again, more forms.

Martin <><
 
M

Martin McGowan

Martin said:
I don't know about whether she can resign and go on income support,
hopefully someone else can answer that.
snip
When I was retired on medical grounds a few years ago I was able to go
straight on to IS, well the back payments were made, it took a few weeks
to sort out. Martin McGowan
 
R

Robbie

Martin said:
snip
When I was retired on medical grounds a few years ago I was able to go
straight on to IS, well the back payments were made, it took a few weeks
to sort out. Martin McGowan
There's no problem about someone resigning on medical grounds and
claiming Income Support - it's only people who give up work to sign on
who have problems.

She should get an SC1 (I think that's the name) from her employer to say
she is no longer receiving SSP. She will then be able to claim Incap
Benefit. She should inform the tax office too, as presumably she gets
Child tax Credit for the son - payments of IS are now only made for the
adults. If she's entitled to IS she'll have to explain why she gave away
£2000 as this could be construed as deprivation of income - it brings
her income down to the limit at which capital does not affect Income
Support.

Robbie
 
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M

Mike

Robbie said:
There's no problem about someone resigning on medical grounds and
claiming Income Support - it's only people who give up work to sign on
who have problems.

She should get an SC1 (I think that's the name) from her employer to say
she is no longer receiving SSP. She will then be able to claim Incap
Benefit. She should inform the tax office too, as presumably she gets
Child tax Credit for the son - payments of IS are now only made for the
adults. If she's entitled to IS she'll have to explain why she gave away
£2000 as this could be construed as deprivation of income - it brings
her income down to the limit at which capital does not affect Income
Support.

Robbie
She may be required to prove she owed the money to the people she
borrowed money from and that she had to now repay it. Provided she can
furnish the DWP with letters from the people (receipts/agreements if
they are companies) confirming how much she borrowed, when and that she
has now had to repay it then all should be OK. I would also want to
know if she had £5000 why she had to borrow £2000, she may have a
reasonable explanation such as she only received the money recently.

Mike

Mike
 

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