Can I resign?

normakay

I have been granted LCWRA by UC. I am still employed but due to my ongoing illness I have been off sick since November 2022 but my employer does not pay sick pay and I have come to the end of my SSP. It is unlikely that I will be returning to work in the near future due to my condition, so I would like to know that, as the LCWRA states I am unfit for work and no longer have to provide UC with a sick note, can I resign from my job? My employers are not being very approachable so I am reluctant to ask for their advice.

poppy123456

Resigning from your job will make no difference to your LCWRA award. However, i wouldn't normally advise anyone to just resign without first getting some expert advice. ACAS will be able to advise further. https://www.acas.org.uk/contact

normakay

Thanks Stormy,
My employers are not pressuring me as such but I am sure they are going through the process to get rid of me, which, to be honest, I don't mind, I just feel that they are being very unsympathetic, and I get that too, as someone else needs to do my duties. I had a welfare meeting in March and agreed to go to an occupational health review, which is next week. Like you, I am wondering if it's better to draw a line under it, and that would be a weight off my mind, but I am not sure of the consequences for my UC, even though I have LCWRA and don't have to look for work or provide a sick note.

Hannah_Alumni

@normakay Welcome to the community! I'm very sorry to hear that your employers are unsympathetic. I see our members have been helpful I wanted to reach out and ask that you have support around you with your health?

I also wanted to let you know, that if you are in England or Wales and wanted additional support with looking for work, if you ever feel ready again, Scope have their own Employment Services that you may find helpful  

I hope the community can be a place of support for you

emma2534578

Hiyya I’ve been through this exact situation and let me tell you a few things I learned that could help you.

1. I would only recommend staying in your work and doing all the HR meeting for dismissal if you’re wanting something from them. For example if you have a lot of holidays, a week lie in and 1 months pay etc, you’re entitled to those if they dismissed you on ill health/medical grounds. (My contract stated that) i work in retail Superdrug.  If it’s not a lot of money I would recommend packing in the job and leaving as you have the medical documents and your doctor to prove you’re not fit for work if questioned by any benefits providers. I did all the HR meeting because it was worth like £800 in holidays/ week lie in etc. Besides the HR meetings and the actual dismissal could take months mine took 1 full year. It’s cause my work was trying everything to get me to pack the job in or stay and make it work. I had to keep fighting for dismissal on medical grounds. A very long process and stressful.

2. if you’ve been awarded LWCRA I would recommend applying for PIP/DLA etc as you can a lot of support like council tax reduction and extra money a month.

3. if you get PIP and you live with a family member or partner or friend that takes care of you daily you can then apply for carer ELEMENT on universal credit btw they don’t inform you at any point this a thing. My partner takes care of me daily and he simple went to change of circumstances in universal credit selected “caring for someone” then tick yes the person I care gets PIP and I take care of them for 35hours a week (they don’t ask for proof of the 35 hours part) they add it to your entitlement  if you partner is on your claim. Me and my partner are both On the same claim account for universal credit that’s why I get LWCRA and carer element at the same time as my partner is my carer. It’s an extra £185 a month worth looking into 

4. They’re a bunch of other stuff that can support you if you’re out of work due to your health. Go on Turn2us website it will tell you everything you’re entitled too

normakay

Thank you to everyone for your valuable advice. 
I had a welfare meeting at work earlier this year and as a result,  I was asked to attend an Occupational Health appointment in September, for which the outcome was that ealry retirement due to ill health was recommended. My employers have agreed, as I  did, that this is the option for me. I don't want to claim my state pension early, but I  have a private pension from my employers. I  was only employed in this job for just under 3 years, so the pension will be minimal. What I wanted to know, please, is, does being in receipt of a private pension affect UC payments? I know that if I claim the state pension early that this definitely affects UC payments. 

poppy123456

You can't claim your state pension (SP) until you reach state pension age, which is 66 at the moment. Even ill health retirement will not entitle you to claim SP earlier.

Any weekly/monthly drawdown of a private pension will reduce your UC £1 for £1. For this reason there's really no point in accessing that pension, if you don't have to.

A lump sum drawdown of a pension will be treated as capital. If this increases your savings to more than £6,000 then there will be a £4.35/month deduction for your UC for every £250 or part thereof.

normakay

Thanks poppy123456 👍

normakay

Hi, if it has been recommended that I retire early due to my health, does anyone know if I have to get the pension that I have paid into for my employment, or can I just get this at my retirement age? Hope this makes sense.

dkb123

your state pension is only payable at 66, you can't claim it early unless it is a private pension, and then you need to consult an advisor or you can find yourself in all sorts of difficulties with your benefits