× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

not getting paid while sick

karen grimes
forum member

Disability information and advice, Enfield Disability Action, London N9

Send message

Total Posts: 3

Joined: 23 June 2010

I have a client to is often sick from work due to her disability. They do a 3 day wait before they pay any sick pay but my client only works 3 days. They were off there last 3 working day and it is unlikely she will get any wages is there anything she can claim?

This client has had to cut her hours to 16 hours due to her health. She is not claiming DLA or PIP have suggested to does but honest don’t think she will get it. Her wages are approx. £170 a week. Try to claim WTC for her but as she was not on DLA/PIP or not been sick long enough it was refused. Am I missing anything else she can claim.

Thank you

Edmund Shepherd
forum member

Tenancy Income, Royal Borough of Greenwich, London

Send message

Total Posts: 508

Joined: 4 December 2013

It’s unclear whether your client is or is not entitled to SSP. If so, she can advise the LA of her reduced income and have her HB/CTS adjusted to reflect her reduced income. Possible DHP if not in receipt of max HB. If no SSP entitlement, claim ESA. As you point out, WTC is only applicable at 16 hours if she fits into one of the groups who can get it without working 30hrs.

Paul_Treloar_CPAG
forum member

Advice and Rights Team, Child Poverty Action Group

Send message

Total Posts: 550

Joined: 30 June 2014

Only thing I can add is don’t forget that two or more periods of incapacity should be linked if they are separated by less than 8 weeks (p.814 CPAG WBH 2014/15).

This means that if her period of incapacity for work can be linked to an earlier absence, the waiting days she served in the earlier linked period do not have to be served again, so she can get SSP from the first qualifying day of the present period of incapacity if she has served 3 waiting days/qualifying days already (p.818).