Can you receive esa and company sick pay or dividends

rudd
rudd Online Community Member Posts: 2 Listener
I have sle, sjogrens and fibromyalgia. Been unable to work since January 22. 
I had 2 jobs. 
1) carer
2) director with husband. We own a business together.
 My carer employment terminated in January.
I haven’t been well enough to do my director role either, but continued to pay my salary and dividends as I regarded it as company sickness. 

 I know realises I should have rang accountant to say my wages should be ssp and company sick pay, but I forgot. I forget everything.  

Have 3 fit notes, March backdated to Jan. June to July, august to October. 

I applied for esa last week.  Said not working.  They raised why I have been paid. Truth is I forgot to tell account ssp.  Accountant says it’s company sick pay. 

Question can you receive esa and dividends?  What about fact we should have recorded ssp and haven’t.

I worked hard for years, and want to take  dividends. Our outgoings are astronomical £980 just for gas & electric in a 3 bed bungalow.


Comments

  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    edited September 2022
    If you have a complete NI record for 2019-20 and 2020-21 then you are eligible for new style ESA. You can only receive ESA once any period of SSP entitlement has ended (28 weeks).

    Company sick pay can encompass SSP and many employers don’t identify SSP separately if there is a pay policy covering it.

    If you are still employed when SSP is ending then your employer should give you a form SSP1 form confirming the end date. This form is used to support the EAsA claim.

    New style ESA is not means tested (with the exception of regular pension payments and some health protection payments) so dividends make no difference.
  • rudd
    rudd Online Community Member Posts: 2 Listener
    Hi thank you for reply. 
    Been off 9 months. But Accountant didn’t  record as SSP,  I continued to receive payment as normal but it was effectively company sick pay. 

    Am I able to receive esa and company sick pay or dividends ?

    Thsnks again 
  • calcotti
    calcotti Online Community Member Posts: 10,001 Championing
    rudd said:
    Am I able to receive esa and company sick pay or dividends ?
    As advised, yes. But you need to have exhausted the 28 weeks of SSP entitlement.