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Can I Claim Contribution ESA With Occupational Full sick pay from first Job ?

wasiflmc

I was working with NHs pre pandemic time for long time after I got covid and complications I cannot carry on doing my first Full time job and second job as a bank staff working 22 hours per week . I am sick since pandemic start and getting full paid from employer occupational pay as a long Covid patients and I cannot claim the occupational sick pay from second job it was zero contract but working for them for 3 years 22 hours per week but I have been told that I can claim SSP pay they paid me for 28 weeks than they asked me to claim from DWP contribution ESA which I have started claim over the phone and start getting pay every two week and keep sending during that my medical fit note to them to claim regular payments.

I want to know that while I get full pay from 1st job as occupational sick pay as a long Covid patient can I get Contribution based ESA as I am not working as I used to be .

I am asking it’s feel to me that other person might understand that I am working and getting ESA same time but I have my situation addressed above what you say your comments really matter to decide what is right and what is not right to sort out ASAP .
Nhs paying their sick employee if they are sick due to the reason of long Covid and under treatment going on .

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calcotti

wasiflmc said: I want to know that while I get full pay from 1st job as occupational sick pay as a long Covid patient can I get Contribution based ESA as I am not working as I used to be .

You are excluded from receiving ESA while entitled to SSP so the question is are you still in the 28 week period of SSP entitlement with that first employer. If you are then you are not entitled to ESA. If you ave gone beyond the 28 week SSP period (which should have been confirmed by your employer issuing form SSP1) then you can receive ESA even if the employer is still paying occupational sick pay beyond the 28 week SSP period.

wasiflmc

Sorry it’s bit confusing.
let me make it easy to understand.
I have two NHS jobs, 1st job is permanent and full time and 2nd Job is NHS Bank zero contract job .
After I got sick I started getting full sickness pay from my full time 1st NHs job which was not SSP it is actually occupational full sick pay .
2nd NHS bank part time 22 hours job they started paying me SSP for 28 weeks while I was getting full Occupational sick pay from my 1st job .

After 28 weeks of SSP from my 2nd part time job zero contract they issue me a letter SSP1 and told by payroll department to call DWP to start my ESA contribution based, so I called them and as far as I remember request was submitted over the phone or may be they sent application form and I sent back to them and they started my Contribution based ESA while I was and still getting my occupational sick pay due to long Covid patients as I have been told that NHS paying their full payments under new guidelines for the long Covid conditions .

I was getting SSP from the 2nd job because I was working for them as like a permanent staff for more than 2 years because I need to pay my mortgage payments and other financial things living with 3 kids no benifits .

I am just checking if it is ok to get the ESA from 2nd job with getting full Long Covid patients occupational sick payments .

I feel that DWP might thinking I am working and getting paid from 1st job and how it possible he claim SSP and later ESA same time ?

Do they DWP know NHS trust policy ? that they paying their long Covid patients staff their Occupational sickness pay as they getting full pay when they were working .

I am asking because I received a letter they want to discuss my tax credit which I am getting and they are thinking I am working and getting ESA .

Please let me know what I can do in that situation. Many thanks for your earlier reply .

calcotti

wasiflmc said:
After I got sick I started getting full sickness pay from my full time 1st NHs job which was not SSP it is actually occupational full sick pay .
2nd NHS bank part time 22 hours job they started paying me SSP for 28 weeks while I was getting full Occupational sick pay from my 1st job .
..

I understood all of that.

When you go off sick your contract of employment means that you get occupational sick pay. This includes SSP which you are entitled to by law for 28 weeks. As previously advised the key question is whether that 28 week entitlement has ended yet. You are not eligible for ESA if you are still entitled to SSP. If you have been off work for more than 28 weeks ask your employer to issue you SSP1.

wasiflmc said:
I am just checking if it is ok to get the ESA from 2nd job ..

You don’t get ESA for a particular job. You can get ESA if you have a health condition that limits your ability to work and are not in a period of SSP entitlement (for any job).

Lots of people receive ESA while still receiving occupational sick pay, it’s not an issue (although DWP do sometimes get confused by it).

wasiflmc

I have got Post Covid fatigue syndrome which also caused my lower back muscles severely fatigue due to that I am not able to straight my back I cannot bend forward can’t lift even 1 kg weight and cannot walk or stand more than 5 minutes and have exertion all breathlessness and have back bone vertebrae aurthropathy and got last month had 12 steroids injections in my back .
Yes from my 2nd part time job SSP has stopped last year November and issued me SSP1 form to claim ESA for my long term illness with my lumber spine aurthropathy disability .

With ESA contribution based from 2nd job I still now get paid from my 1st full time occupational pay .

Now I have also started PIP daily living component standard rate .

it’s been almost 18 months now I am off from work and I got also received a letter from ESA which is ended now after a year saying that we need to do work capabilities assessment which was not done throughout whole year but I was keep sending drs sickness fit note to them to get my regular ESA payments.

And received a letter from DWP arranged a phone interview to clearify why I was getting ESA while I am working full time job . I have told them on my renewal of tax credit about my situation I am sick under treatment but get full pay so i get taxable income .

I don’t understand why they don’t know why I am getting and how I am entitled to esa in what situation.

calcotti

wasiflmc said:Yes from my 2nd part time job SSP has stopped last year November and issued me SSP1 form to claim ESA for my long term illness with my lumber spine aurthropathy disability .

As advised in my previous post you do not get ESA in relation to a particular job.

calcotti said: You don’t get ESA for a particular job. You can get ESA if you have a health condition that limits your ability to work and are not in a period of SSP entitlement (for any job).

wasiflmc said: it’s been almost 18 months now I am off from work

Is that when you stopped your first job too?

wasiflmc said: it’s been almost 18 months now I am off from work and I got also received a letter from ESA which is ended now after a year saying that we need to do work capabilities assessment which was not done throughout whole year but I was keep sending drs sickness fit note to them to get my regular ESA payments.

ESA stops after one year unless you have been put in the Support Group. All assessments were halted during last year and there is a backlog. Once the assessment is done, if you are put in the Support Group the ESA will be reinstated.

wasiflmc said: And received a letter from DWP arranged a phone interview to clearify why I was getting ESA while I am working full time job . I have told them on my renewal of tax credit about my situation I am sick under treatment but get full pay so i get taxable income .

All ESA can see is that you are being paid. When you have the phone call just confirm to them when you last worked and that the money you are being paid is occupational sick pay.
Tax Credits are completely separate to ESA and information you have given tax Credits is not available to ESA.

As previously advised (if you have different NHS employers) your first job should have issued you with SSP1 if you are no longer entitled due to being off work for more than 28 weeks.

wasiflmc

Thanks for your all help I really appreciate that .

I am thinking why they may have contacted to discuss my ESA and I have checked online and found ESA do not informed to HMRC tax credit department that I have long term sickness or disability and they are paying ESA .

So what I thinking ESA is a taxable income we need to declare while we are getting tax credits on out last review .
I did not know that and whole year I got paid ESA tax credits .

I just get £40 tax credit per week .

I was not in that while 18 months position to think and recall important information after Covid affected my memory concentration dpi us and gave me anxiety stress depression and pains. So how I was make sensible decisions and think appropriately.

I am still under counselling treatment for my anxiety and depression for my concentration problems.

please advice me what’s the solution I can discuss to avoid and panalty or to pay them back

poppy123456

If you haven't told HMRC that you're claiming ESA and didn't declare it on your renewal this year then you will need to contact them to tell them. Contact details here https://www.gov.uk/government/organisations/hm-revenue-customs/contact/tax-credits-enquiries or you can report it on your online account.

calcotti

You are correct that new style ESA is taxable income and does therefore get taken into account for Tax Credits.
Moreover you are no longer counted as working after 28 weeks of sickness so no longer qualify for Working Tax Credits after then (although if you are on a couple claim and your partner works you may retain entitlement as a couple).
What you Tax Credit entitlement is will depend on your circumstances (joint with partner if a couple claim) and whether your claim includes Child Tax Credits.