ESA 50 - when is it sent?

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

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

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