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TOPIC: ESA & EMPLOYEE HALF PAY

ESA & EMPLOYEE HALF PAY 3 months 1 week ago #195163

Hi, I'm now on half pay with my employee as signed off sick and awaiting surgery. My income is approximately £450 per month. Am I entitled to claim ESA based on this. Thanks

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ESA & EMPLOYEE HALF PAY 3 months 1 week ago #195176

Dee wrote: Hi, I'm now on half pay with my employee as signed off sick and awaiting surgery. My income is approximately £450 per month. Am I entitled to claim ESA based on this. Thanks


Are you receiving SSP? If you are then you cannot make any claim for ESA until this ends!

Did you work throughout the two Tax Years 2014-15 and 2015-16? Your National Insurance Contributions during this time will be looked at to see whether you would qualify for what is called Contribution Based ESA, this is not effected by any ongoing income you have.

If you do not have sufficient Contributions then you can only apply for Income Related ESA, ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

You certainly will not be entitled to ESA(IR) payments while your claim is assessed but if an award is made then you should be able to receive a small amount of ESA(IR) unless your partner is also working.

Are you in a Universal Credit area? if you are then it would be UC rather than ESA(IR) and the rules are different. Try putting your details into one of the online benefit calculators.

www.gov.uk/benefits-calculators

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA & EMPLOYEE HALF PAY 3 months 1 week ago #195190

I originally went off sick in December 2015 from work so I've already received SSP and then I was awarded ESA from 16/6/16 which was contribution based. Following an assessment (for which I'm awaiting for a tribunal date as appealed) on 9/5/17 I was assessed as no longer having limited capability for work and my ESA was superseded and disallowed from 16/5/17.
Am I correct in believing I'm only entitled to NI based ESA for 12 months and if my appeal was successful then my ESA would be income based. I scored 9 points out of 15 on my assessment so was close to enough and believe I may have a chance with my appeal. Thanks very much for your help.

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ESA & EMPLOYEE HALF PAY 3 months 1 week ago #195200

Dee

If you are not in the ESA Support Group then you are only entitled to 365 days of ESA(CB) payments.

So if you are placed in the WRAG then this will count against the 365 days and at the end of the period you will need to see whether you are eligible for ESA(IR), I explained the criteria in my previous post.

If you are placed in the Support Group then it will be as if the time that you spent on the ESA Assessment rate did not happen and you will retain your right to ESA(CB) as long as you remain in the group and if you are moved out of the SG you will still have your original 365 days of ESA(CB) available.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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