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

Terminating Job whilst on SSP in favour of claiming ESA

VS
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Welfare Team Grwp Cynefin

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Total Posts: 20

Joined: 1 March 2016

A client became sick whilst working; earning over £112 per week. He got sick notes from his GP and started getting SSP from 12.02.16.  along with continued WTC/CTC as he has a family. Yesterday he told me he has handed in his notice at work on 10.04.16 due to illness and has put in a claim for ESA! Also he has advised HMRC that he no longer has a job and so ended his WTC claim. I am in a panic about his actions as I believe his ESA will be turned down due to entitlement to SSP; but as he has given up his job the employer will no longer have a duty to pay this. Am I right in thinking his ESA claim will be turned down? If so we are thinking the partner could become the main claimant for JSA as the children are 8 and 15 months; but would she be then penalised for him leaving his job?

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Total Posts: 1711

Joined: 16 June 2010

If his contract of employment has terminated his SSP will end (so he should be entitled to ESA).

VS
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Welfare Team Grwp Cynefin

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Total Posts: 20

Joined: 1 March 2016

Thanks for this. My concern was that the DWP would not make a decision on his ESA claim until HMRC confirmed he was NOT entitled to SSP - are these concerns unfounded do you think?

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Total Posts: 1711

Joined: 16 June 2010

His employer should send him an SSP1 form to confirm SSP has ended. Plus I would imagine he has correspondence from them confirming the termination date of his employment/any pay due to him, etc.  DWP don’t usually seek confirmation from HMRC.