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Leaving employment due to ill health

Werner

I am on longterm sick and employed, I am receiving universal credit the limited capiblilty for work related actively, my work have started the capability process,my work have offered me a pay out on ill health for me to leave my job, will this affect me getting benefits, as its not like I'm leaving a job because I don't like it, but because of health reasons I'm unable to work I'd be really grateful of some advice thankyou

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poppy123456

Hi,

As you're already receiving UC and have limited capability for work then leaving your employment will not affect your UC claim BUT any final pay you receive from your employer will affect the amount of UC you receive that assessment period.

Werner

Thankyou so much for your help is this because Ive limited capability for work? And do I have to tell uc that I have left my job on ill health thankyou so much

poppy123456

You're welcome. Yes, that's correct it's because you have LCW. Yes, you can tell them but as i advised, any money you receive that month may reduce the amount of UC you receive and it could be reduced to zero but that will depend on how much you receive.

Werner

Thankyou for your reply so if I got a lumpsum payout from my work to leave on ill health would this be treat as capital and not earnings? That's terrible expecting people to look for work whilst there ill going through an appeal thankyou so much for your help

Werner

I got told it would be treat as capital, the payment would come on a wage slip, so Im not sure if they would class it as earnings for that month

Werner

Hi poppy, I'm just looking at my options,I'm in a tricky situation, I am due to be reassessed,I'm on lcwra,I'm employed,and my employer are going down the capability procedure on ill health, if on my assessment they say I'm fit for work and I appeal, and I've already got a job, will I be expected to go back to that job? even though there taking me down capability and I will be still providing fitnote to them,will I get sanctioned for not going back to my job? I'm in a right mess as what could happen thankyou

poppy123456

It will depend what the payment is for. Things like holiday pay and pay in lieu of notice are classed as income in the assessment period in which you receive that payment and your employer will notify HMRC of your final pay. UC will look at the RTI information and know how much you received which may affect your UC, depending on how much you receive.

Redundancy pay would be treated as capital not earnings.

Werner

Its not redundancy, usually any pay out goes on work wage slip, so it's tricky situation, what would happen if assessed as fit for work, and I have a job, I'm to unwell to do, and there taking me down capability, would they expect me to go back, even though I would supply fitnotes to work, and what would happen if I didn't go back because I'll health would they sanction me thankyou so much for your advice

poppy123456

You can't be sanctioned for ending your employment because you're already claiming LCW. Fit notes for UC are no longer needed because you already claim LCW.

As advised, it's very likely that the money you receive for your final pay will be classed as income and not capital and could affect the amount of UC you receive that month but it will totally depend on how much wages you receive.

Werner

The problem is if I don't get a pay out, from them to leave,if they dismiss me, they have to pay me 3 months lieu, I will lose out on that if I leave my job,what would happen in this scenario, if I don't leave my job and wait for them to let me go,but in meantime I'm reassesd and they say I'm fit for work, would I have to go back to my job and if I don't will I be sanctioned many thanks for your help

Werner

Hi poppy surplus earnings is it still 2500 disregarded I heard uc were on about changing it to 250 in April is this right I've been online and haven't seen anything about changes thankyou

poppy123456

Werner said:

The problem is if I don't get a pay out, from them to leave,if they dismiss me, they have to pay me 3 months lieu, I will lose out on that if I leave my job,what would happen in this scenario, if I don't leave my job and wait for them to let me go,but in meantime I'm reassesd and they say I'm fit for work, would I have to go back to my job and if I don't will I be sanctioned many thanks for your help

If you don't receive the pay from your employer then there's no earnings to affect your UC payments. Not leaving your job isn't going to affect any work capability assessment in the future and i'm not sure why you think it would. You won't actually be working, it will just be your job being kept open for you.

For the WCA you're assessed on being able to do any type of work and not just the work you currently do or used to do.

If any final payment from your employer is less than £2500 then it's not surplus earnings. If you do receive an amount over the surplus earnings the the amount that exceeds could affect your UC payments the following month.

Werner

Hi poppy thankyou for your advice, if I fail my assessment and they say I'm fit to work will I have to go back to my JOB?as I wouldn't be able to search work because I've already got a job? Thankyou

Werner

And what will happen to my uc if I don't go back if I'm assesed been fit for work, I presume I will get sanctioned thankyou

poppy123456

You're welcome. If you're found fit for work then your LCWRA element you're receiving will stop and your work commitments will change because you'll be expected to look for any type of job. You would of course request the Mandatory Reconsideration (MR) within 1 month of the date of the decision, as advised on your other thread.

For now, i'd advise you to try to not to think about what may happen in the future, otherwise it will cause more stress, which won't help you. Cross that bridge when and if it ever happens.

Werner

Thankyou so much poppy you've been fantastic help to me I'm glad I've joined this group yes your right I'm worrying about things that haven't even happened take care hope to chat to you again thankyou

poppy123456

You're very welcome, always happy to help advise anyone

take care too and when you are due your WCA review if you have any questions please just ask.

Werner

Thankyou poppy it's nice to know that there is people out there that care and willing to help thank you so much