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New Style ESA / contractual sick pay
Client’s SSP ending, on contractual Sick Pay (half pay) for another 6 months, considering making claim for new style ESA..
DRH states contractual sick pay will not affect entitlement to cbESA but when put on QBC as occupational sick pay there is an error coming up that client is earning above permitted work limit.
Gareth (or anyone else), any comments?
This is a terminally ill client, home visit. Really don’t want to attempt claim if not likely to succeed
Thanks in anticipation.
Client’s SSP ending, on contractual Sick Pay (half pay) for another 6 months, considering making claim for new style ESA..
DRH states contractual sick pay will not affect entitlement to cbESA but when put on QBC as occupational sick pay there is an error coming up that client is earning above permitted work limit.
Gareth (or anyone else), any comments?
This is a terminally ill client, home visit. Really don’t want to attempt claim if not likely to succeed
Thanks in anticipation.
Helen as DRH states the contractual sick pay won’t affect entitlement to Contractual Sick Pay, have a look at Sweet and Maxwell volume 1 page 1716 for reg 80 (2) (b) i.e. ‘earnings are not to include any remuneration etc etc etc….....is absent from work because the claimant is ill. Never ever really got the hang of QBC (still do manual calculations).
But i think you will have to be prepared at each stage for problems. For example we ended up walking with a client to our local Jobcentre, giving them their own guidance etc etc, and advising about claiming new style ESA, because at the interview stage he was being advised to claim UC, wasn’t eligible or appropriate even if he had been eligible for UC to block the NewStyle ESA claim .
For another client with progressive MS we actually gave them the legislation for another Job centre, we have 3 different JC’s covering our postcode catchment area.
Client’s SSP ending, on contractual Sick Pay (half pay) for another 6 months, considering making claim for new style ESA..
DRH states contractual sick pay will not affect entitlement to cbESA but when put on QBC as occupational sick pay there is an error coming up that client is earning above permitted work limit.
....
Sorry - that is my fault - the warning message is spurious in this case - will be fixed in next week’s update.