Stopping work and ESA

sunshine1981

I have schizoaffective disorder and fibromyalgia. I work 30 hours a week and it's so hard for me. I have recently been off for a month due to a severe ankle injury and its made me realise how work affects my life. I struggle with voices and paranoia. I struggle with change in my routine, I really get panicked and need to be calmed down. The stress of the job makes my voices and paranoia worse. Amongst other things I feel working is making my conditions worse, people have noticed a change in me whilst I've been off. Can you leave your job due to illness and claim ESA. I have worked at my current job since 2007 a lot of changes have happened during that time. The main one is my mum who was my boss has left. She helped control my moods, my workload, warned me well before any change was going to happen so I could get it into my head what was going to happen, knew if I was struggling and helped. But now I get no warning of changes, no help with my workload, no understanding of my moods. Its too hard I can't do it anymore. I have battled on for years and I'm worn out by it all. I don't want to stop work completely but I really need something with less pressure, less hours and be around people who accept me and my ways. 

poppy123456

You should send a fit note to your employer to claim SSP before you claim ESA, as your earnings would be more than £123/week your employer must pay SSP for 28 weeks. SSP pays £99.35/week and ESA would only pay £77/week.

https://www.gov.uk/statutory-sick-pay/eligibility

You can't claim New style ESA at the same time as SSP. You can use a benefits calculator to check entitlement to Universal Credit( providing you don't have savings of more than £16,000)  if entitled you can claim this as well as SSP. If you live with a partner, you claim as a couple and your joint circumstances will be taken into consideration.

If you claim UC you need to report your health condition and make sure you send a fit note within 7 days of this. You will then be referred for a work capability assessment (usually after day 29, but sometimes can be longer) If found to have LCWRA you will be entitled to extra money from the 4th month of your claim.

Out your details into this. https://www.entitledto.co.uk/benefits-calculator/Intro/Home?cid=96e25ef4-ee1e-4e6d-9945-ee0b4f9e362f

3 months before the SSP ends you can claim New style ESA but you won't receive any money until the SSP ends. Though you won't be financially better off by claiming both because the ESA will be deducted in full from any UC entitlement.

The ESA can be useful if you have any changes in the future because it's not means tested, so savings/capital, work partner doesn't affect the amount you're entitled to.

sunshine1981

But could I hand my notice in at work and then start the claim for ESA. I don't qualify for UC. I would be on the new style ESA

poppy123456

Yes you can but why would you do that if you're entitled to SSP? ESA pays less than SSP and if entitled to it, your employer must pay it. You've been at your current job since 2007 which is a long time and i wouldn't advise anyone to just hand their notice in without first getting some expert advice from somewhere like ACAS. https://www.acas.org.uk/
You could loose out on a lot of money by just handing in your notice. 

sunshine1981

I just thought the sooner I got ESA the sooner I could find a job that suits me, I'm not really one for just sitting at home. Can work make you come back to work if your off sick, even if they say they will put things in place to help you. I can't work in that environment anymore. We have no HR, my manager has even put on a works WhatsApp group for managers of each department the reason why I'm off sick at the moment. I know it's only my ankle but that's no one else's business to know only my manager unless I decide to tell them. We really have no rules only the ones that the director decides are suitable on the day. They back stab you. My illness is made worse by all the stress I need to get out of there

janer1967

Hi there 

As poppy advised handing in your notice is not advised 

Work should have a process to deal with long term absence and medical dismissal and I would advise following this 

It may involve taking steps to support a return to work with reasonable adjustments but it may also result in decision that you are no longer fit to return to work and some companies pay compensation for this though it isn't legal requirement 

The decision is yours but you would be missing out 

Esa is only paid for 365 days and you will need to be assessed following work capability assessment to be paid ot after this time and be put in one of the support groups 

sunshine1981

Does anyone have schizoaffective or fibromyalgia and get support group ESA. What permitted work can you do is it anything. 

poppy123456

Anyone can do permitted work when claiming ESA, you’re not limited to the work you can do. 

Before claiming ESA if you’re entitled to SSP then you need to claim this first from your employer.

calcotti

Permitted work rules are here
https://www.gov.uk/government/publications/employment-and-support-allowance-permitted-work-form/permitted-work-factsheet

sunshine1981

My SSP is coming to an end on 17th Feb. I've decided to not go back to my job, it causes me too much stress which really affects my conditions. I'm currently putting on my sick note ankle injury because that's how this whole thing started and if I put on mental health then it will be around work because no one can keep things to themselves where I work. What do I do now, hand my notice in and claim ESA for schizoaffective and fibromyalgia or as much as I don't want to change my sicknote to say mental health even though I'm still not recovered from my ankle injury and stay on work payroll until they dismiss me. I'm stuck what should I do

poppy123456

You can apply for new style ESA now with your SSP1 form but it can’t be paid until the SSP ends. 

You can use a benefits calculator and check entitlement to Universal Credit. If you live with a partner you claim as a couple. If you have savings/capital of more than £16,000 you’re excluded from claiming.

calcotti

If you claim ESA and/or UC I suggest that you ask your GP to include mental health on your Fit Note.

sunshine1981

Should I ask for it to be added on the next sicknote or after I've handed my notice in. What about the fibromyalgia should I ask that to be added too

poppy123456

In my opinion, you don't need to add all your conditions onto the fit note because a fit note isn't evidence that you're not fit for work anyway.

sunshine1981

Thanks, I've never not worked so not sure how it all works. I will ask for mental health to be added when I get my sicknote in jan

sunshine1981

Would I gain anything by not handing my notice in after the ssp runs out, I'm sure I'm not going back to my job

poppy123456

You shouldn’t just hand in your notice before getting some expert advice. ACAS are usually good for this. https://www.acas.org.uk/

sunshine1981

Thanks for your advice poppy123456 but I think I qualify for the support group, can I be put into that if I'm still employed?
I also know I can't manage my job anymore, it's complecated but I know I can't. Reasonable adjustments won't help due to the nature of my role within the company.
Would I qualify for ESA if I handed my notice in? Or would I be penalised because I left of my own accord? 

poppy123456

Whether you’re still employed or not will not affect being placed into the Support Group. Likewise handing in your notice will not affect any ESA claim.
The reason I advised not to hand in your notice is because you could lose out on some money by doing this. 

I’m no expert with employment and finishing because of a health condition, which is why I advised speaking to ACAS before handing in your notice. 

sunshine1981

Thank you your advice is very helpful

L_Volunteer

You are welcome @Broreb1981. It is the very least you deserve.

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