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Forum Home  →  Discussion  →  Covid-19: Welfare benefit issues  →  Thread

NSESA and furlough

juliem
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Macmillan welfare rights advisor - Barnsley MBC, Barnsley

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Total Posts: 80

Joined: 17 June 2010

I am not sure if this a covid related or normal ESA issue but as furlough is involved I am posting it here.

Customer was diagnosed with breast cancer nearly a year ago.  To date she’s had 3 surgeries, chemotherapy, radiotherapy and is currently on a 3 week cycle of treatment drugs and taking tamoxifen for 10 years.  Also has two frozen shoulders.

She has 2 part time jobs.

Job 1 paid 6 months full pay and 6 months half pay.  She is now on unpaid authorised sick leave.

Job 2 paid 6 months full pay.  From this ending the employer has paid her under the furlough scheme.  It is a business that has been unable to trade throughout the pandemic.

As she has paid the relevant NICs in job 1 can she claim new style ESA whilst being paid for job 2 provided that job 2 meets the eligibility criteria of permitted work? I am not sure as it’s not a new job, but her previous one which she has had an enforced break from through furlough, but am confused.

Can she get furlough from job 2 and claim NSESA from job 1’s NICs at the same time. If she can, the easier route might be to remain on furlough until the end of Sept, if the employer could do it.

I have looked stuff up but can’t find an answer just on 2 jobs, let alone throwing furlough in, and my head hurts.

Thanks in advance for any help.

JaneOP
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Nottinghamshire Money and Work Service, Macmillan Cancer Support

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Joined: 18 March 2019

Hello Macmillan neighbour 😊

Does this help: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/897313/adm8-20.pdf

It says

“12. Payments from the CJRS do not affect entitlement to ESA for claimants who are
not working. Where work is being undertaken the exempt work regulations would
apply to both hours worked and earning received, which would include CJRS.
1 WR Act 07, s 3”

So I think she should claim ESA

juliem
forum member

Macmillan welfare rights advisor - Barnsley MBC, Barnsley

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Total Posts: 80

Joined: 17 June 2010

JaneOP - 12 April 2021 03:52 PM

Hello Macmillan neighbour :)

Does this help: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/897313/adm8-20.pdf

It says

“12. Payments from the CJRS do not affect entitlement to ESA for claimants who are
not working. Where work is being undertaken the exempt work regulations would
apply to both hours worked and earning received, which would include CJRS.
1 WR Act 07, s 3”

So I think she should claim ESA

Hello Neighbour over the border,
I shall have to find out when she went onto furlough, but that might well help.
Thank you very much.

 

juliem
forum member

Macmillan welfare rights advisor - Barnsley MBC, Barnsley

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Total Posts: 80

Joined: 17 June 2010

Hello same client situation changed and I am still in perpetual confusion.

Job 1 is still nil income. Client has been paid within the Lower Earnings Threshold so will be credited with NICS

As they are in a new year (not sure if benefits or tax year) Job 2 is now going to pay 2 months full pay and then 6 months sick pay.

That payment I believe will preclude NSESA as over the earnings limit/not permitted work. Am i right on that one or please point me in the right direction?
Thanks