Hi, my name is Poppy030401! Hope everyone is good, so basically I claimed esa contribution based...
hi there hope everyone is good, so basically I claimed esa contribution based , I got a letter today stating they are stopping my claim due to going over my permitted earnings when in fact I don’t have a choice about how my holiday pay is paid the company changed it and now it’s paid along side my 15.5 hours of work I spoke to esa they where rude and said speak to HMRC I have no work for the next two months as it’s a down time and normally I would claim my holiday pay now but it’s not a option now, I have sent my wage slips and a explanation … can anybody help? They have left me with nothing
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Permitted work rules are very strict and if your earnings are more than £183.50/week and working less than 16 hours per week. Anything more than this and entitlement to ESA will end.
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it’s not my earnings though this is what I’m saying my actual working hours and earnings are within the amount, it’s the holiday pay
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I'm afraid holiday pay when you actually work is treated as earnings. It would be much better if you could take time off work for your annual leave rather than work them and receive earnings and holiday pay at the same time.
See paragraph 49016 which states that holiday pay is included as earnings unless paid more than 4 weeks after employment was ended or interrupted. Under paragraph 49017 payment of holiday pay would also be ignored if paid while the employee is absent from work due to illness.
See also 49075.
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I don’t have a choice in how it’s paid this is the point it’s just paid alongside my working hours I can’t just randomly take the time off, my conditions have got worse and was thinking of leaving or just doing a few hours but not it’s stopped I need to make a new claim and go through it all again
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Why don't you have a choice? Surely you can take annual leave as and when you want it, rather than the money being paid on top of your earnings? Are you in a union? If you are then it would be worth speaking to them.
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no we have no choice at all it's just paid monthly along side our pay
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That's a very strange way of doing it I must admit. I'm not even convinced they are allowed to to that but I'm no expert in employment laws. I'd advise you to contact ACAS if you're not un a union and they will be able to advise you.
This means that your earnings will always be over the permitted work rules and would mean you will not be able to reclaim it.
Have you check entitlement to Universal Credit? It's a means tested benefit so if you live with a partner you'll need to claim as a couple and your joint circumstances will be taken into consideration.
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it is legal it was unlawful until April 2024, I think esa should take this in to account as I only actually work 15 hrs nmw as it states on my wage slip then the monthly holiday hours are separate I have put a MR in with my wageslips and a explanation, I have put a new claim in at the mean time as they have not deemed me fit to work there words not mine
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Rolled up holiday pay is a system by which businesses include their workers’ holiday pay in their basic pay, rather than paying them when their holiday is actually taken. It results in a slightly increased hourly rate for the worker and streamlines the administrative process for businesses which do not then have to calculate a worker’s holiday entitlement.
All workers in the UK have a right to holiday pay; one week’s pay for each week of statutory leave. The amount to which they are entitled is calculated by reference to the hours worked and how they are usually paid. For fixed hour workers, this is a fairly simple process, but for casual and zero hour contract workers, the calculations get trickier as businesses need to consider the average number of hours worked to determine the amount of holiday pay the worker is owed. As a result, employers may seek to roll up workers’ holiday pay into their basic pay, especially for flexible workers.
Rolled up holiday pay rules changes in 2024
In 2024, the UK government introduced significant changes to the rules governing rolled-up holiday pay, particularly affecting irregular hours and part-year workers. Effective from 1 April 2024, for leave years commencing on or after this date, employers are permitted to implement rolled-up holiday pay for these categories of workers. This approach allows employers to include an additional 12.07% of a worker’s pay in each pay period as compensation for holiday entitlement, rather than providing paid time off when the holiday is actually taken.
To comply with the new regulations, employers must ensure that the rolled-up holiday pay is calculated accurately at the 12.07% rate and is clearly itemised as a separate payment on the worker’s payslip. This transparency ensures that workers are aware of the portion of their earnings allocated for holiday pay. It’s important to note that while rolled-up holiday pay simplifies the process, employers still have a legal responsibility to ensure that workers can take the holiday they’re entitled to and are encouraged to do so.
These changes aim to simplify the calculation and payment of holiday pay for workers with varying work patterns, providing greater clarity and consistency in how holiday entitlements are managed.
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Sorry to hear about your holiday pay. That is very unfair on you.
Claimants are possibly doing permitted work for their mental and physical wellbeing, something the government are supposedly all in favour of; but you end up being penalised for it?
This sort of thing might discourage claimants from doing permitted work.
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hopefully the MR and my wageslips will prove I'm not doing nothing wrong
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What you’ve wrote above states the following …
employers still have a legal responsibility to ensure that workers can take the holiday they’re entitled to and are encouraged to do so.
What I’m saying is why can’t you take your annual leave as time off, rather than have the extra money paid on top of your earnings. This would then solve the issue you have with your earnings being over the permitted work rules.
Although you work less than 16 hours per week, your earnings are over the permitted work allowance, which is £183.50/week. ESA stops if your earnings are over that amount.
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i get that I'm off now in theory I could of saved that extra money and paid myself I do not have the choice to take it when I'm working I work 15 hours a week like annualized hours
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and let me explain how my wage slip actually states it my working hours @11.44 then 2.02 holiday pay so its clearly not holiday taken
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Holiday pay is treated as earnings because you’re actually working. For someone that isn’t working and they receive holiday pay, it doesn’t affect CB ESA or New style ESA.
For permitted work if your earnings are above the maximum amount allowed you are not entitled to ESA.
Is that holiday pay paid every month?0 -
yes paid every month
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glad you are enjoying this I'm going to end up with a 6000 debt through no fault of my ow… just what a disabled person needs
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Poppy123456 is trying to help you by giving you factual information.
You might not like the answers but that's no reason to be rude.
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they don't care about us at all, so now I have no income or esa they will love that… All ESA helpline say is talk to HMRC… Pathetic they have no breakdown of my earnings just whats been paid… Its getting ridiculous they want the disabled dead
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shes not helping she's gloating on peoples missary
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