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Terminating Job whilst on SSP in favour of claiming ESA
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?
If his contract of employment has terminated his SSP will end (so he should be entitled to ESA).
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?
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.