Employment and Support Allowance (ESA)
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Advice needed please

PandapawsPandapaws Member Posts: 11 Listener
Hi,
my husband can no longer work due to his disabilities, and he is now being forced into doing a job which he can’t do due to stress. During the lockdown I got him to apply for PIP and he’s been awarded standard PIP. I am also disabled not working, I’m wondering is he better to go off sick or apply for ESA? I can’t remember how it all works, have neurological problems.  My hubby can’t sleep due to the pain and stress, and we just don’t know what to do for the best. The company he works for are not very nice, and I think he’s better off leaving as he can’t do the job anymore anyway. Andy advice will be much appreciated. 
Thank you 

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Replies

  • poppy123456poppy123456 Community champion Posts: 20,511 Disability Gamechanger
    HI,

    I would never advise anyone to just leave any employment before considering other options. Firstly, he needs to look at claiming SSP from his employer for 28 weeks and he'll need a fit note from his GP to claim this.

    Resonable adjustments should also been considered in the work place and speaking to his employer should be his first step.

    Whether you'll be entitled to any Universal Credit to top up the SSP will totally depend on both of your circumstances. Do you work? use a benefits calculator to check entitlement to UC and put the SSP amounts down as well as any income from yourself.

    If you have savings/capital of more than £16,000 you'll be excluded from claiming.


    Also remember that if you're claiming tax credits then a claim for UC will end that claim and you won't ever be able to go back.

    New style ESA maybe possible 3 months before his SSP ends but he'll need to have paid the correct amount of NI contributions in tax years April 2017 to March 2019. He can claim 3 months before his SSP ends but he won't receive any payments until the SSP ends. He'll need his SSP1 form and fit notes from his GP to be able to claim this. It pays £74.35 per week (over 25's) for 52 weeks, unless placed into the Support Group.

    Hope this helps.




    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • PandapawsPandapaws Member Posts: 11 Listener
    Thank you @poppy123456 so much for your advice, he has already spoke to work about what he can and can’t do and they don’t really care! They’re still expecting him to do the work. I’m not working due to ill health so money is going to be a worry.

  • poppy123456poppy123456 Community champion Posts: 20,511 Disability Gamechanger
    You're welcome. He should still be entitled to SSP for 28 weeks, his employer can't refuse to pay him that providing he has a fit note.

    Then use the benefits calculator to check entltlement to Universal Credit to top up the SSP but he'll need fit notes from his GP to start the limited capability for work work process off.

    Do you claim any benefits yourself?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • PandapawsPandapaws Member Posts: 11 Listener
    Ahh thank you! Yes I get pip and ESA support contribution based

  • poppy123456poppy123456 Community champion Posts: 20,511 Disability Gamechanger
    I think the best thing you can do is speak to an advice agency near you for a full benefits check. They will advise you correctly based on all of your circumstances.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • PandapawsPandapaws Member Posts: 11 Listener
    Thank you so much @poppy123456 for all your advice, I shall look into that.
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