when SSP ends after 28 weeks

berry61

Hi everyone,

Can someone explain what happens regarding once my SSP has reached the 28week allowance , I understand my employer stops paying it and i claim ESA.

I had my WCA yesterday and it seemed to go well so having to wait now to get the decision. If I am eligible for LCWRA, I think i have read on the forum that I won't receive any extra money as myself and my wife migrated from WTC to UC and we get the transitional element and LCWRAis deducted £ for £.

We both care for each other as we are disabled and we both receive the carers element, also we receive the standard Daily living and standard mobility of PIP. My wife works 16 hours per week. I have had shoulder surgery in March and im on week10 of ssp. I will more than likely be unable to return to my current employment as i dont expect i will have recovered enough from surgery and along with my other health conditions it prevents me from continuing to work.

If I do get LCWRA would that extra amount be available to us or would it still be deducted £ for £ from the UC amount.

Thanks

poppy123456

Glad your WCA went well, hopefully you won't be waiting too long for a decision.

3 months before the SSP ends you can claim New style ESA, you will need your SSP1 form from your employer. If you have the correct NI contributions in the previous 2 tax years then you will be entitled to payments but they won't start until your SSP ends.

There's no financial gain to claiming ESA as well as UC because it's deducted in full but it's still worth claiming it because it's not means tested like UC is and it may come in useful in the future. You will also receive class 1 NI credits, where as UC is only class 3.

For the WCA if you're found to have LCWRA then it is not deducted in full from UC, it increases your maximum UC entitlement. However, as you're also receiving carers element, the same person can't receive this and LCWRA element at the same time. In this case the higher element would be paid, which is LCWRA. This means that your UC would include 1 carers element and 1 LCWRA element.

As your UC also includes the TP whether you would be better off with the additional LCWRA element will depend on how much your TP is because as you're aware if you become entitled to other elements or other elements increase the TP erodes.

Also if found to have either LCW or LCWRA you will also be entitled to the work allowance. If you don't currently have children on your claim then you will not be receiving the work allowance at the moment so your earnings reduce your UC by 55%.

Once the work allowance is included it means a certain amount of earnings received each month by yourself or your partner will be ignored before the deductions apply. If you claim for help with the rent it will be £404/month, if you don't then it will be £673/month. This would also mean that they will owe you some money. See link for confirmation . https://www.entitledto.co.uk/help/work-allowance-universal-credit

berry61

Hello poppy123456,

Thanks for your reply and great advice as usual.

The WCA went ok the lady didn't even bother going through the rest of the form questions after the first one regards mobility. She basically asked about what a typical day is like for me and referred to the fact I was already a blue badge holder through PIP and there was an obvious condition.

Regarding the ssp1 form and asking my employer for one. Since I have been off work and my first fit note was dated 16th March I haven't had any conversation with my employer about return to work dates or if I will be returning at all. So if i asked for this form in another 2 weeks time which would be 3 months before ssp would end, is this not an indication to my employer i wont be returning and could they stop my ssp at that point then I would start getting ESA ?

Could I wait until just before the 28weeks and then ask for ssp1 form, would that make a difference to any ESA starting date ?

I just don't see any possibility of being able to continue doing that type of heavy manual work and if I did get awarded LCWRA in the meantime do I still need to hand in fit notes to my employer until 28weeks has passed.

Thank you

poppy123456

You're welcome. You can just wait until nearer the 28 weeks. It doesn't really matter financially anyway and the ESA can also be backdated for a maximum of 3 months anyway.

You will need to continue to send fit notes to your employer until you finish work. LCWRA has nothing to do with your employer. I would also advise against just handing in your notice without first getting some expert advice from some where like ACAS.

berry61

Thanks poppy,

I'll take some advice before that time arrives, take care