On Furlough but have been declared as unfit to work and not expected to find work.

alansking

Hi everyone

I have a similar question to one recent post but with a slight difference.

When lockdown one was announced my boss knowing I have various health conditions quite simply told me I could not work. 

Due to this I registered for UC but was also in the process of a PIP claim.

Due to the nature of my work repairing ambulances and the workload at the time it was decided to alter my working times to enable me to work my contracted hours. 

This was put in place and then I used one bay of he workshop as my own quite simply isolating from everyone else. Furlough then came into play and I received a letter from Department of health to self isolate due to my health condition. I have a progressive spinal condition, asthma and heart condition.

I also was awarded PIP and UC did an assessment and decided I was not fit to work nor was I expected to find work.
My employer placed me on furlough and later when able brought me off furlough to carry out specialist tasks ie engine rebuilds. I have though on the whole been on furlough for most of this time. 

In discussion today with my boss he feels due to my health condition it may well be best for me to resign due to ill health instead of dragging out everything and I totally agree, he cannot make me redundant as he needs to find someone to replace me and has been using a contractor which costs more.

So as I am already declared as unable to work nor expected to find work and DWP already has all my records can I expect issues if I resign, my doctor advised me when I contacted him regarding my health condition and with copies of my records for the DWP that he felt I would be better off not to be working due to my health .

So my simple question is it best to resign or follow another process.

janer1967

You can leave work due to health and still claim the benefits 

Or another option is medical dismissal 

poppy123456

I wouldn't advise anyone to just resign from their job before getting some expert advice from ACAS. https://www.acas.org.uk/

calcotti

If you have already been found to have LCW or LCWRA you are not required to work so leaving your job will not impact your UC.

janer1967

You can only go for ill health retirement if you are in a pension scheme 

Ask your hr dept what the process is and if you may be eligible 

It is pension  provider that approves and you need to satisfy them you are no longer able to work in any capacity 

alansking

Hi 

Thanks for responses, I do have pension available and as I turn 55 within six months I am able to take my pension if I chose to. 

I am LCWRA according to my UC assessment carried out last year.

I would rather leave my pension alone for as long as I can so I will resign on medical grounds as my biggest concern is if UC will still cover me for a time, I have a new business I have set up which I can do on a part time basis on my good days so expect not to be taking too much from UC. 

Thank ya u all for your feedback.

poppy123456

Taking your pension is not the best idea while claiming UC because it will be classed as income and reduce your pension £1 for £1.

LCWRA is an ongoing award until a new decision is made on a review. You can work while claiming UC but you will need to report the changes onto your journal. If you'll be self employed you will need to report your earnings and expense onto your journal each month.

You have a work allowance of either £293 per month, if you claim for help with the rent or £515 if you don't. It means you can earn that much money each month before the 63% deductions apply.

I would still advise speaking to ACAS before resigning from work.