Applying for New Style ESA

Geegee27

I have MS and I am currently off work sick. I receive company pay, not SSP. I don’t think I’m capable of going back to work. I have 2 questions -can I apply for New Style ESA without being on SSP? Would I be entitled to benefits if I quite my job due to my illness? Thanks in advance xx

calcotti

Geegee27 said:

I have MS and I am currently off work sick. I receive company pay, not SSP. I don’t think I’m capable of going back to work. I have 2 questions -can I apply for New Style ESA without being on SSP? Would I be entitled to benefits if I quite my job due to my illness? Thanks in advance xx

You can claim new style ESA while receiving contractual pay if the SSP entitlement has ended.

You are getting SSP if you are still in the 28 week period of entitlement (it will be contained within the contractual sick pay). If the SSP entitlement has ended your employer needs to give you form SSP1 which confirms the date SSP ended. 

Quitting work due to illness will not affect benefit entitlement. Obviously it makes no sense to quit work while you are getting contractual sick pay. (Note that you are accruing holiday entitlement while off sick.)

Use a benefits calculator to see if you are entitled to any Universal Credit.
https://benefits-calculator.turn2us.org.uk
UC can be claim while receiving SSP. Note that if you claim both ESA and UC the ESA will be deducted from the UC.

If you claim UC you declare your health condition, supported by Fit Notes, and you will referred for a Work Capability Assessment in the same way as for ESA. However you cannot be referred for a WCA if you are earning more than 16 x NMW/week (unless you have certain medical conditions such as cancer for which are expecting to have, having or recovering from chemotherapy or radiotherapy).

Geegee27

Thank you got your advice. I think my bosses are just paying my regular wages, hoping that I’ll come back. Don’t think they’re ’putting my wages through’ as SSP if that makes sense? Thsnks

calcotti

Geegee27 said:

Thank you got your advice. I think my bosses are just paying my regular wages, hoping that I’ll come back. Don’t think they’re ’putting my wages through’ as SSP if that makes sense? Thsnks

You need to find out from employer before trying to claim ESA. If you are off sick your employer should be treating you as entitled to SSP (even if they are (paying more). You will not be able to claim ESA without SSP1 confirming taht you are not entitled to SSP.