HELP! Have a client who was made redundant in April 2004. Since then she has temp'd thru agencies, but maintained a 2nd job of 6 hours a week (supermarket), which has been constant for 2.5 years. On Sep 11 last, client fractured hip in supermarket.

The supermarket pay contractual sick pay after 3 weeks of £18 per week (75% of normal wage). Client recieved IB for first 3 weeks, but has been told by DWP she will not get IB when employer (supermarket) start paying £18. Client not entitled to IS as partner works.

Question: Should client be able to get her Contractual Sick Pay topped up to SSP level by part time or employer.. if not, what can we do ?

Many thanks

Sounds tricky...

If your client earns less the the lower earnings limit -£79, which if my maths is correct then she does, she would not be entitled to SSP from the supermarket. She should therefore be entitled to continue receiving Incapacity benefit. There is a rule which says that any payments made by an employer under an occupational sick pay scheme count towards SSP entitlement, which is perhaps what DWP are thinking of and that's why they're stopping Incap? However your client isn't entitled to SSP so surely this rule can't apply. I would therefore be inclined to think she should remain on Incap, as well as getting her occupational sick pay. That's just my thoughts, someone else may have a more definitive answer!

Sara