In ESA Support Group, but work started paying me SSP again, overlap.

kyrae

Hi,

I went on long-term sick in November 2019. My work contract provides occupational sick pay at full-pay for 2 months, half-pay for 2 months, then SSP. I applied for ESA to begin when the SSP ran out, and was successful in my application. Following some time and an assessment with DWP, I was also moved into the support group/bracket for limited capability to work.

My payslips went online but I could not access these from home, I simply received money into my account and lived my life best as able. 1 year into my absence, I received another 2 months full-pay, and 2 months half-pay.

After around 18 months, I returned to work, on a slow phased return to work, slowly increasing my hours and looking to work up to the 15-16 hour per week mark.

DWP have contacted me asking a general update including payslips.. I have now taken the time to look through my payslips and it appears that my employer, after the 16 weeks employer sick pay, and 28 weeks SSP, waited until 12 months from my time of first going off sick, and then cycled me back onto 2 months full/2 months half, and then back onto SSP again. This second round of SSP seems to have come into affect as I was working under a phased-return to work, I didn't think to check my payslip as my earnings were low and felt fairly in line with what I'd be earning at such reduced hours.

Therefore; I had applied for ESA properly, as SSP ran out. My workplace had then after 12 months began to pay me SSP again during the time I am receiving ESA.

I assumed that I would not be put back onto SSP after 12 months, especially since beginning to claim ESA.

I do not know what potential actions will be taken by the ESA when I send these payslips and report back to them on this. Are they likely to stop the ESA benefit / demand a repayment of six months of ESA / demand repayment of the amount of SSP i received etc.?  Were my workplace even correct to start paying me SSP again? 

Just a little clarity please, I want to do the right thing, but there are anxieties of being labelled a fraudster, being placed into debt over something that was effectively a lifeline for me, etc.

J

poppy123456

Hi,
You can’t claim SSP at the same time as ESA. If you were working while claiming ESA you must make sure you work less than 16 hours and earn no more than £143 per week. (after deductions) if you worked 16 hours and over then you wouldn’t be entitled to ESA. This would be permitted work. Did DWP know you were doing permitted work?
Any overpayment of ESA would need to be repaid back to DWP. 

The SSP would have been paid by your employer and nothing to do with DWP. 

All you can do is send them what they’ve asked for. If you don’t do this then your ESA maybe suspended.

calcotti

kyrae said:... I was working under a phased-return to work,

The key question is how much were you working and earning at that time and did you tell ESA?
You should have advised ESA when you started the phased return.
If you worked 16 hours or more and/or earned £143 or more you no longer had entitlement to ESA.

If you were working within the permitted work limits and earning below £143/week but above £120/week then you would have been entitled to get ESA but also created a new entitlement to SSP and when you went off sick again SSP would be paid which would then end your entitlement to ESA.

Unfortunately it appears likely that you have been overpaid ESA which DWP will require to be repaid.

kyrae

Thank you.

Yes I did advise them when I returned to work under a phased return.

My hours/earnings were under £143/weekly and under 16 hours, I think you are right about having created a new entitlement to SSP.

Ah, the joys of brainfog and depression and not checking things.

Thanks for the replies, they are useful.

calcotti

It is quite an off situation - being in work within permitted work limits and entitled to ESA and then going off sick and not being entitled.

kyrae

Yup. In retrospect I would have been better off financially NOT trying to return to work, as SSP would have never entered the equation again. 

calcotti

kyrae said:

Yup. In retrospect I would have been better off financially NOT trying to return to work, as SSP would have never entered the equation again. 

Not necessarily true. Had you been earning below £120/week no SSP entitlement would have arisen. It’s unfortunate that you ended up in that in between band. 

asmudge

https://forum.scope.org.uk/discussion/87847/in-esa-support-group-but-work-started-paying-me-ssp-again-overlap

@kyrae - if you pick this message up - could I ask what the outcome of this situation was please?