SSP after 28 weeks


R

RichardL

Hi,
my wife works for the NHS and has gone onto half pay as well as 28
weeks SSP running out that was paid by her employer.
Can she get SSP from the state as well as her half pay? How long do
you get it for?
thanks,
Richard
 
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R

Robbie

RichardL said:
Hi,
my wife works for the NHS and has gone onto half pay as well as 28
weeks SSP running out that was paid by her employer.
Can she get SSP from the state as well as her half pay? How long do
you get it for?
thanks,
Richard
SSP is only payable for a maximum of 28 weeks. She will need to claim
Employment And Support Allowance and should have been given the form to
do so by her employer.
 
R

RichardL

SSP is only payable for a maximum of 28 weeks. She will need to claim
Employment And Support Allowance and should have been given the form to
do so by her employer.
Thanks for your reply, I guess what I'm asking is - irrespective of
income (half pay) will she actually still get something from the
state? Never having claimed a penny before, I have always been under
the impression that you only get money from the state if you don't
have any (or not a lot) of income.
regards,
Richard
 
R

Robbie

Thanks for your reply, I guess what I'm asking is - irrespective of
income (half pay) will she actually still get something from the
state? Never having claimed a penny before, I have always been under
the impression that you only get money from the state if you don't
have any (or not a lot) of income.
regards,
Richard
If she has paid the correct National Insurance contributions at the
right time then she should get contributory ESA. Otherwise the only help
available is the income based ESA which is means tested and includes
yourself in the means test.

If she claims ESA (of either type) then she will have to attend a
medical (Work Capability Assessment) within 13 weeks of starting her
claim. If she fails this test then she won't be entitled to any further
ESA unless she appeals against the decision.

If you are on a very low income, are aged 25 or over and work 30 hours a
week you might want to consider claiming tax credits. In addition you
could consider claiming Housing Benefit, if you rent a place and council
tax benefit. If you are on a decent income then you'll mist likely not
qualify for any of these benefits and credits.
 
R

RichardL

If she has paid the correct National Insurance contributions at the
right time then she should get contributory ESA. Otherwise the only help
available is the income based ESA which is means tested and includes
yourself in the means test.

If she claims ESA (of either type) then she will have to attend a
medical (Work Capability Assessment) within 13 weeks of starting her
claim. If she fails this test then she won't be entitled to any further
ESA unless she appeals against the decision.

If you are on a very low income, are aged 25 or over and work 30 hours a
week you might want to consider claiming tax credits. In addition you
could consider claiming Housing Benefit, if you rent a place and council
tax benefit. If you are on a decent income then you'll mist likely not
qualify for any of these benefits and credits.- Hide quoted text -

- Show quoted text -
Thanks for this - looks like she can get ESA then. She is not
unemployed - she is just on half pay.
Does she still have to have a medical as she sees the NHS occupational
Health every few weeks?
thanks,
Richard
 
R

Robbie

Thanks for this - looks like she can get ESA then. She is not
unemployed - she is just on half pay.
Does she still have to have a medical as she sees the NHS occupational
Health every few weeks?
thanks,
Richard
Unless she falls into a group of people who are exempt - and the range
of exemptions is very limited then yes, she would need to have the Work
Capability Assessment regardless of the fact that she is still employed,
albeit currently not able to work.
 
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R

Robbie

Robbie said:
Unless she falls into a group of people who are exempt - and the range
of exemptions is very limited then yes, she would need to have the Work
Capability Assessment regardless of the fact that she is still employed,
albeit currently not able to work.
I'll slightly amend this - it should read that she "may" as opposed to
"would" have to have the WCA. At some point in the early days of her ESA
claim she will be sent a form, an ESA50, which will ask many questions
about her health. If the Decision Maker can decide on the basis of
answers given on that form and perhaps any information from a health
professional then ESA can continue without the need for a WCA (medical).
If the position is not clear or further clarification is needed then a
WCA will take place. It seems as if the WCA is pretty much the norm though.
 
R

RichardL

I'll slightly amend this - it should read that she "may" as opposed to
"would" have to have the WCA. At some point in the early days of her ESA
claim she will be sent a form, an ESA50, which will ask many questions
about her health. If the Decision Maker can decide on the basis of
answers given on that form and perhaps any information from a health
professional then ESA can continue without the need for a WCA (medical).
If the position is not clear or further clarification is needed then a
WCA will take place. It seems as if the WCA is pretty much the norm though.- Hide quoted text -

- Show quoted text -
Looks like they are not sure now! We can't get a straight answer on
this for some reason. Do you think she is the first person to go on
half pay? What is complicated? Surely they should know if she is
eligble or not.
R
 
R

Robbie

Looks like they are not sure now! We can't get a straight answer on
this for some reason. Do you think she is the first person to go on
half pay? What is complicated? Surely they should know if she is
eligble or not.
R
Sorry, I don't follow, who are "they"? And what question were you
asking? If you mean is she entitled to ESA, she needs to claim it first
as it is based on her NI contributions and they need to be checked
before a decision can be made. The income based (means tested) ESA claim
also has to be made before a decision can be made on eligibility as your
circumstances, income etc have to be included in any means test. It
isn't as straightforward as just making a quick, educated guess due to
the different factors that need to be looked at.

The half pay is only an issue if it is income based ESA she is claiming,
it doesn't affect the contributions based ESA.
 
R

RichardL

Sorry, I don't follow, who are "they"? And what question were you
asking? If you mean is she entitled to ESA, she needs to claim it first
as it is based on her NI contributions and they need to be checked
before a decision can be made. The income based (means tested) ESA claim
also has to be made before a decision can be made on eligibility as your
circumstances, income etc have to be included in any means test. It
isn't as straightforward as just making a quick, educated guess due to
the different factors that need to be looked at.

The half pay is only an issue if it is income based ESA she is claiming,
it doesn't affect the contributions based ESA.- Hide quoted text -

- Show quoted text -
Thanks for still showing interest. It is contribution based we are
claiming. I work and she is on half pay so we know if we were means
tested we wouldn't get anything. They paid the first week £64.30 then
asked for payslips and doctors notes and it all went quiet. I rang
yesterday and spoke to a person handling the case who said they
thought she was not entitled to benefit if she was receiving half pay!
But they weren't sure. I can't believe they don't know the procedure.
regards,
Richard
 
R

Robbie

RichardL said:
Thanks for still showing interest. It is contribution based we are
claiming. I work and she is on half pay so we know if we were means
tested we wouldn't get anything. They paid the first week £64.30 then
asked for payslips and doctors notes and it all went quiet. I rang
yesterday and spoke to a person handling the case who said they
thought she was not entitled to benefit if she was receiving half pay!
But they weren't sure. I can't believe they don't know the procedure.
regards,
Richard
It doesn't matter if she's receiving half pay, full pay or no pay at
all! Sounds like the DWP clerk doesn't know the rules here.
Unfortunately some of the staff receive poor training and aren't always
up with the rules.

For conts based ESA I'm not even sure if a payslip is required though I
would send one in if that is what was requested. I certainly can't think
of a reason for them needing one, unless they are also assessing the
means tested element as well. A Doctor's note is required but the GP
does not have to issue a duplicate (the employer should have one
already). In fact I believe a GP is not meant to issue a duplicate
except in exceptional circumstances. There are procedures that exist for
an employee who is also claiming ESA. I believe the employer is meant to
liaise with the DWP re: the sick note. I can't remember the exact
procedure though.
 
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N

Niteawk

Robbie said:
It doesn't matter if she's receiving half pay, full pay or no pay at all!
Sounds like the DWP clerk doesn't know the rules here. Unfortunately some
of the staff receive poor training and aren't always up with the rules.

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?

The DWP should inform the claimant in writing of any decision they take. The
OP would be better off going to his local CAB for advice on this matter.
They may take a while to find the answer to this, but they are generally
very good at finding the relevant rules and regs that apply to each case.
 
R

Robbie

Niteawk said:
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.
 
N

Niteawk

Robbie said:
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.

As an aside SSP is not completely exhausted. The OP's wife is now on SSP at
half rate.
 
R

Robbie

Niteawk said:
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.
 
R

RichardL

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.




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
 
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R

Robbie

RichardL said:
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:

www.dwp.gov.uk/advisers/claimforms/ssp1_print.pdf

(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?
 
R

RichardL

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:

www.dwp.gov.uk/advisers/claimforms/ssp1_print.pdf

(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
 
R

Robbie

RichardL said:
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.
 
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R

RichardL

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
 
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