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Statutory Sick Pay and ESA Question please

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8 years 9 months ago #137816 by redgt9
Replied by redgt9 on topic Statutory Sick Pay and ESA Question please
Sorry to trouble you again, my wife had to today see her works occupational therapist about her future at work. The occupational therapist told my wife that they are recommending my wife can no longer work for them, my wife was told there will be another meeting regarding this but only to comfirm they will pay her again for 12 weeks as a job settlement.
Can I ask, will my wife get her state pension credits paid while she is sick. And from what I understand she is already on my ESA SP claim because her money is stopped out of my money so she don't need to make a new ESA claim for herself, I'm sorry if I might be repeating some things it's just all confusing for me at the moment. Thank you again.

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8 years 9 months ago #137819 by Gordon
Replied by Gordon on topic Statutory Sick Pay and ESA Question please
RedGT

National Insurance is only paid is the employee earns above a certain limit in any particular week (currently £112/week), if she has not had any pay or it is below the threshold then no NICs will have been paid.

As a secondary claimant on your ESA claim she will not receive NI Credits only you do.

You have a couple of options.

- if she is entitled to ESA(CB), then she can make her own claim for ESA which would pay her NI Credits, however, her ESA(CB) will be treated as income and deducted from your ESA(IR) claim leaving you with no net increase in benefits, much like her pay was.

- If she is not eligible for ESA(CB) then she cannot claim ESA(IR) to receive NI Credits unless you first close your ESA(IR) claim, which would result in you losing your NI Credits.

- You can make Voluntary Contributions to make up any missed NI Conts, but this can only be done in certain circumstances and is not intended as a long term replacement for a person earning their Contributions.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 9 months ago #137820 by redgt9
Replied by redgt9 on topic Statutory Sick Pay and ESA Question please
Gordon thank you for your in depth and informative reply, it is very helpful but now sadly I don't know the best way to go, time to think I guess. Thank you again ..

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