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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Treatment of occupational sick pay for ESA Permitted Work

NeverSayNo
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Welfare rights department - Northumberland County Council

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Total Posts: 195

Joined: 21 December 2011

Claimant is doing permitted work under the higher level medical supervision rule. But is currently unable to do this due to her illness. She had been doing it for some time, and for some reason the employer is saying they will pay her sick pay while she is off.

Have clarified her earnings were too low to qualify for SSP (and maybe when the employer realises they cannot claim this sick pay back from the government they may not pay claimant any more).

But - my reckoning from CPAG is that permitted work earnings are assessed in the same way as earnings generally for ESA ie sick pay (contractual or statutory) is classed as “income other than earnings” for ESA. So does that mean they stop being permitted work earnings and will now reduce any IBESA claimant is getting?

For HB, sick pay is classed as earnings - so, are the permitted work earnings (sick pay) ignored for HB?

Befuddled.