Possible Discrimination and ESA

Jodie wrote: Hi Gordon,

I am now in my 20th week of being off sick but have been signed off further period that will total 26 weeks (and will likely continue). In my place of work I am paid full pay during sickness absence for 6 months and then go to half pay for another 6 months. When it goes to half pay does this mean that the SSP would have stopped and I should apply for ESA? I'm quite confused about it.

Thanks

Jodie

Statutory Sick Pay (SSP) and the sick pay you are entitled to are separate things, you will need to check with your HR department about how the two are combined in the monies you are receiving whilst being of sick. For example, SSP could be included as part of the full pay you have been receiving and therefore may be nearing it's end, conversely it may not apply until you have exhausted all of your half pay an therefore has not started to be paid.

Making a claim for ESA is only concerned with whether you have exhausted your SSP, in principle, it does not matter that you are continuing to receive pay as part of your contract of employment.

Gordon

Jodie wrote: Hi Gordon,

I am just wondering, how do I know if I've made enough NI contributions to receive contribution based ESA?

An ESA claim made in 2015 will use the Tax Years 2012-13 and 2013-14 so you need to ensure that you paid National Insurance each week/month during this time. You can contact HMRC for a statement of your contributions.

Gordon