Claimant off sick receiving SSP. Whilst still sick, employer paid 2 weeks holiday pay (instead of SSP). Should this be counted as income for HB purposes?
We have a difference of opinion which we would like some thoughts on please!
Appeals Officer is saying SHOULD be taken into account under Reg 19 (1)(d)(CTB Regs)
Senior Benefit Officer is saying should be DISREGARDED under Schedule 3(1)(b)

I'm not sure it can be disregarded, as Sch 3(1)(b) specifically excepts earnings to which reg 19(1)(d) applies ie. holiday pay?

Please help settle an argument!
Thanks
Gayna

No doubt about this - the Appeals Officer is correct.

Holiday pay (& SSP) clearly counts as earnings for HB/CTB purposes and as already noted by you, Sch 3(1)(b) is equally clearly disapplied to 19(1)(d).

Hope this helps.

Many thanks for your prompt reply!
Sure Appeals Officer will be pleased!