Basic scenario, client receiving contractual sick pay beyond 28 weeks, employer does provide SSP1 as statutory requirement at week 23 etc before week 28 of incapacity (pre Nov 2008 HRMC changes making SSP1's voluntary as opposed to a statutory obligation).

Client makes a subsequent claim for ESA and misses on ESA for a period i.e. beyond 3 month backdating period as employer did not provide SSP1, and did not know about ESA until we advised him etc etc.

Anyway, somewhere in the recesses of my mind, i'm sure in this scenario DWP had discretionary powers or could make a ex gratia payment to cover period that claimant would have been eligible for ESA had employer given worker a SSP1. I know i've had this scenario in the past in previous welf jobs, but not for a few years, and my brain is refusing to dredge up past scenario's.

Any help really appreciated.

Should read does not provide an SSP1, hasty posting gotta rush for Bus.

In my experience, DWP would not pay to cover period employer failed to provide the SSP1. Perhaps employer should consider compensating employee for the loss of ESA.

There is a similar query posted March 2008, confirming only 3 months backdating. Had a look for an older one that was very detailed but could not find it, sorry.

Thanks for replying.

Honest, to any rational welfs out there, i'm not making this up, but that's not say i've not deluded myself, assuming its not a delusion if any one can bring themselves to read the garbled stuff below, got ideas or treatments/compliementary therapies they could suggest for me, i'd be really grateful.

Anyway, I've got a hazy memory of a case few years (2004 ish) ago of a scenario where IB claim made but big gap between that and the end of 28 week period of incap i.e. a couple of years.

Anyway, the DWP office in question Hastings treated claim as if it had been made 2 years earlier, because employer (royal mail) hadn't provided a SSP1 as they had to do on a statutory basis then.

I was half hoping (LilacPig) i.e Becky might have some thoughts on this, off the top of my head i remember speaking to one of your colleagues (Becky) Mike at the time. It was i suspect a case Mike wouldn't forget (Bethlem Royal Hospital, oh alright we always ringing up) because it involved Transgender reassignment, complete loss of memory following a hospital operation, and a train of events to BRH to go into.

I've got a even vaguer memory that there was a bit i read in the old DWP maladminstration wotsit (couldn't find anything on the one in tool kit), there was a section covering this scenario allowing DWP to pay on an ex gratia basis.

I know this is a vague, airy fairy posting, but social justice demands a blundering approach on the very odd occasion.