ESA & annual leave while off sick

EmilyG

Hello,
I am new to ESA & sadly I now have a double disability which means I am not sure when I can and can’t work. I have been off work since November, following cancer diagnosis, and accrued annual leave over this period. I’m hoping to take some annual leave during a treatment break in August-September but don’t want ESA to be affected, when not even received my first payment yet. 

I’d like to take the annual leave so I can get paid and bring in some income so I can take my kids on holiday over the summer break. Does this need to be less than 16 hours per week and then the rest as sickness absence? 

How do I square all this with HR, GP and DWP?
Thanks for your advice. 

Emily 

calcotti

I assume this is new style ESA. Taking holiday will not affect the ESA.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1150812/admv4.pdf

V4016 Earnings means any pay or profit derived from employment and includes 

...

4. holiday pay (see V4075), but not where it is payable more than four weeks after the employment ended, or was interrupted

It means that the holiday pay is ignored as earnings provided it is more than 4 weeks that work was interrupted - if it obviously is.

Are you claiming any other benefits?

Alex_Alumni

Hello @EmilyG and thanks for reaching out, thanks for explaining your situation. I wish you all the best for your cancer treatment this summer, and I hope you can have a lovely break with the kids too. 

I can see Poppy has replied above, so is there anything else you're unsure about?   

poppy123456

Alex_Scope said:

I can see Poppy has replied above, so is there anything else you're unsure about?   

It was Calcotti that replied. 😂

Alex_Alumni

Gosh so it was, I am sorry! I was thinking Calcotti as I typed, but it came out as Poppy instead...one of those days