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TOPIC: ESA 50 - when is it sent?

ESA 50 - when is it sent? 1 month 6 days ago #172586

  • Gordon
  • OFFLINE
  • Forum Moderator
synapse321 wrote:
Hi

In front of me I have form ESA 220.

At present I am getting paid contractual sick pay eg we get 6 months full pay then 6 months half pay.

I am getting a bit confused.

On the ESA 220 form it states:

if you fall sick again on or before 28/11/2016, your employer will not have to pay you SSP. Your employer will give you form SSP1. If you fall sick again after the date shown, your employer might be able to pay you SSP.

Does it mean I have to terminate my contract before 28/11/16?

Regards

Normally we advise members not to resign from employment as they may lose their rights under the law by doing so, but as you have only been employed for a couple of weeks this is unlikely to be the case although I would still advise you to get face to face advice if you can.

You cannot claim ESA if you are receiving SSP.

Contractual Sick Pay is not the same as SSP, although it may contain SSP.

You options are;

Your company confirms that you are not eligible for SSP.

That you have received all of the SSP that you are entitled to

You resign either before the SSP starts or after it has started, doing this will stop the SSP and will not effect your right to claim ESA.

You must make a claim for ESA within 12 weeks of your closing the previous one or you lose the right to a reclaim and can only make a new claim for ESA.

If you still want to try employment then it might make sense to stay on the company sick payments until you see how your health is going to be.

If you think that a return to work was far to early then returning to ESA would seem the way to go. It is of course your decision.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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ESA 50 - when is it sent? 1 month 6 days ago #172632

You options are;

Your company confirms that you are not eligible for SSP.

That you have received all of the SSP that you are entitled to

You resign either before the SSP starts or after it has started, doing this will stop the SSP and will not effect your right to claim ESA.


I would be grateful if you could expand on the post you made, the bit about "You resign either before the ssp starts or after it has started, doing this will stop the SSP and not affect your claim to ESA."

Is the bottom line that I need to resign before 28/11/2016?
The administrator has disabled public write access.

ESA 50 - when is it sent? 1 month 6 days ago #172652

  • Gordon
  • OFFLINE
  • Forum Moderator
synapse

SSP is only payable while you are an employee, so you have two choices, resign before the SSP starts or resign after they have started paying you, from what you have said your sick package is more than you would receive on ESA, just decide what you are going to do before the 12 weeks expire.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

ESA RR 3 weeks 2 days ago #173762

Hi

I called the ESA new claims line today to make a claim to ESA.

Unfortunately, the agent stated that the system did not pick up a rapid reclaim so therefore

I would have to make a brand new claim to ESA conts.

The agent did state when it came to processing they my be able to link it to the previous claim.

I would be sent an ESA 50 in the next few days she also said.

It looks like I may not be able to go to the status quo of being on ESA conts support group

and have made a bad decision in trying to get back into work too soon.

What are views on having to make a new claim rather than a RR?

Regards
The administrator has disabled public write access.

ESA 50 - when is it sent? 3 weeks 2 days ago #173763

  • Gordon
  • OFFLINE
  • Forum Moderator
synapse

It seems to be our week for the DWP providing simply the wrong information.

I'm afraid you need to call them back, you are entitled to have your original claim re-instated under the 12 week Linking Rule, if you don't get anywhere with the call centre staff ask to have to have the problem escalated to a manager, this will require a call back.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

ESA 50 - when is it sent? 3 weeks 1 day ago #173801

The thing is that a brand new claim has already been taken by the agent.

So do I ring new claims or the ESA BDC?

Regards
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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