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Top Incapacity related benefits topic #2795

Subject: "IB DURING NOTICE PERIOD" First topic | Last topic
BrianSmith
                              

Welfare rights officer, northumberland nhs care trust
Member since
06th Oct 2004

IB DURING NOTICE PERIOD
Thu 03-Apr-08 12:25 PM

Standard practice in my LA is thus. Employee goes off sick, gets full pay for 6 months, then half pay for 6 months plus IB for 6 months, then IB only. When later dismissed/retired on ill health grounds, gets for notice period IB plus full pay reduced by amount of IB. I appreciate that an employer must always pay full pay for the notice period, but if the reduction of it by the amount of the IB is not specified in the contract of employment, what is the legal basis for it? It doesn't seem unreasonable on the principle that you should't be better off in total on the sick than working. Is there some legislation to that effect?

  

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Replies to this topic
RE: IB DURING NOTICE PERIOD, jj, 03rd Apr 2008, #1
RE: IB DURING NOTICE PERIOD, paul__moorhouse, 03rd Apr 2008, #2
      RE: IB DURING NOTICE PERIOD, jj, 04th Apr 2008, #3

jj
                              

welfare rights adviser, saltley & nechells law centre birmingham
Member since
21st Jan 2004

RE: IB DURING NOTICE PERIOD
Thu 03-Apr-08 01:15 PM

not that i'm aware of. intriguing question. please pardon the following historical digression, make of it what you will.

in the civil service, on joining, we used to sign something called 'estains' which meant we could not claim sickness benefits while we received full pay - same arrangements you describe, but a staff rule covered by employment contract presumably. in addition, i expect there was a regulation preventing payment of SB to people who had signed estains (also members of HM forces) - i say this because the periods a person was in the civil service or HMF were notified to Newcastle and noted on their NI records - and those notes were added to the shuttlecard returned to the local office with the rel. year contribution details.

other than these excluded persons, there was nothing to prevent a person claiming SB and receiving sickpay from an employer or private insurance. i recall that there was a commissioner's decision on whether a person had good cause for late claim, when they delayed claiming because they had not realised they could claim and receive sick pay from work. (iirc it was not good cause : ) )

thinking back, we were actually better off when we had time off sick, because sick pay wasn't taxed in those days... : )

but the contributory benefit principle was intentded to be simple (efficient and economic to administer)- if you (or husband where appropriate) had paid the contributions, and met the qualifying condition for the benefit - sickness, widowhood, retirement, death, you were entitled. it didn't matter if you were a millionaire. ('Customers' of National Insurance Offices were referred to as IPs - insured persons.)

writing that has made me feel about a hundred years old...!!






  

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paul__moorhouse
                              

welfare rights trainer and writer, freelance Bristol
Member since
14th Feb 2008

RE: IB DURING NOTICE PERIOD
Thu 03-Apr-08 04:30 PM

I'll certainly pardon your digression jj, it gave me a magical Proustian moment, I was transported back to the day I signed my estains and the Official Secrets Act on commencing employment in the Housing Statistics Division of the Department of Environmennt - counting houses is so easy, they stand still (but I can't tell you where they are because it's an official secret).

  

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jj
                              

welfare rights adviser, saltley & nechells law centre birmingham
Member since
21st Jan 2004

RE: IB DURING NOTICE PERIOD
Fri 04-Apr-08 12:38 PM

: ) nailing the peeps down in place is the new order for the not so civil service - pity they re-deployed those MI6 guys when the wall came down, imo... and so soon after the Ibbs businessification...

for some reason i'm reminded of a funny story told to me by a late friend in Customs & Excise...they had a 'sniffer and sorter' section doing fairly unmentionable things wrt evidence of drug smuggling - sometimes one has to wait for nature to take its course...and my pal, for the trade union side, had been agitating for an extractor in the room, for health and safety reasons. after unaccountably moronic resistence, this was finally agreed, and the work carried out...
and yes, you've guessed it, the end of the ventilation pipe emptied into the main office...

  

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Top Incapacity related benefits topic #2795First topic | Last topic