NIL SSP but annual leave paid- ESA Claim refused

SA2018

Hi guys.

I am supporting a family member with a new claim for new style ESA. 

He has been on long term sick and is very much physically disabled and so will be dismissed with a form of compensation. 

I applied for ESA thinking that due to SSP Payments coming to an end in April 23, he would be entitled to apply.

However his claim has been rejected and subsequently he has had a letter from his employer, who is HMRC (he worked as a VAT advisor). They state sickness absence from 08/04 to 04/06 nil pay, then annual leave paid 05/06-25/06, and then another sickness absence with nil pay from 26/09-3rd/09, then annual leave 04/09 to 17/09. And then it says 18/09 to 371 days sickness absence nil pay. If you remain unwell your SSP will end on 28th Sept 2023

Is this correct that due to the small amounts of annual leave in between his entitlement for ESA is not allowed. 

poppy123456

It will be nothing to do with annual leave. To be entitled to payments of New style ESA you need to have the correct NI contributions in the previous 2 tax years. Working as PAYE then it would be class 1 they need. 

You said they’ve received zero earnings from 18/09 for 371 days so it’s likely this that means there’s no entitlement to any payments.

When ESA refused the claim which tax year did he fail on? Was it 2020/21 or 2021/22? 

Have they used a benefits calculator to check entitlement to Universal Credit? If he lives with a partner they will need to claim as a couple and their joint circumstances will be taken into consideration. If they have savings/capital of more than £16,000 they are excluded from claiming.