Hi just need a wee bit of clarification on Employers Sick Pay in relation to this review. I have already established with DWP that before I retired when I was getting contribution ESA which my whole claim was as I was put into the support group, that my Sick Pay did not count as earnings and have this fully documented. In this ESA3 (IBRD) form for the review they ask about any Employers Sick Pay and all the details. Does the exemption as specified below only apply to CBESA?
“(2) “Earnings” are not to include— (a) subject to paragraph (3), any payment in kind; (b) any remuneration paid by or on behalf of an employer to the claimant in respect of a period throughout which the claimant is on maternity leave, paternity leave or adoption leave or is absent from work because the claimant is ill;”
If it doesn’t apply to IRESA then there is no point me completing the form.
This review is looking at your entitlement to ESA(IR) since you were transferred to ESA, so if your Sick Pay has stopped then you may be entitled to ESA(IR) from that date.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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