anned
Welfare benefits worker, Hambleton Citizens Advice Bureau, Northallerton
Member since 06th Apr 2005
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RE: The new Med 3 certificate and new claims for ESA
Fri 23-Apr-10 09:10 AM |
What if the claimant was on SSP? My client was working 30 hours per week but has a "fit note" saying he could work 15 hours doing non-physical duties. He is worried about surviving on the reduced wages and will not qualify for JSA or Permitted Work on ESA as earnings are too high. I saw another recent post saying that an employee could be found incapable on some days:
"Finally, where employees are certified as ‘may be fit’ to return on reduced hours, employers will have to consider whether to pay the employees SSP or company sick pay for the portion of their normal week that they are not working. One possible interpretation of a fit note that says a full-time employee may be fit to return on a ‘three days per week’ basis is that they remain unfit for work on the other two days per week. The new regime provides no clear answer as to whether sick pay is due on the days not worked, although the DWP guidance encourages employers to consider paying full pay during a phased return."
but I think he would find it difficult to convince the employer to pay both wages and SSP even if he could change the advice from hours to days.
If he could reduce his hours to 14, he would be able to claim permitted work on ESA, but I cannot see how he could claim ESA as he is still within the SSP period and still employed, so entitled to SSP when sick.
He is considering going back for 30 hours so that he can claim WTC (does not qualify for the disability element as not off sick long enough).
Any thoughts appreciated.
Anne
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