I have a client who has been receiving SSP in addition to their contractual sick pay. SSP has now exhausted after 28 weeks, they have been sent the form to claim new style ESA. She is now on 50% contractual sick pay, and I've looked at DRH and can't find the specifics if her new style ESA will be affected by her salary, as the benefit is a contribution based benefit.
Will she have to wait until her occupational sick pay is exhausted, before she begins to receive any benefit from the new style ESA?
Thanks in advance for any assistance you can offer.
If they have been issued an SSP1 then they can claim NS ESA without a problem.
Contractural sick pay should have no impact on the ESA claim, if it moves onto health insurance and your claimant has not paid more than 50% towards this then it will be treated in the same way as a pension with £1/week deducted for every £2 of income over an £85/week threshhold.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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