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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

NS ESA when in receipt of Contractual Sick Pay

CaroleL
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Pembrokeshire Citizens Advice. Community Advice Team. Senior Caseworker

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Total Posts: 9

Joined: 16 July 2020

Made online claim with client for NS ESA.  Cl’s SSP has ended but client still in receipt of Contractual Sick Pay from employer until Jan 2022. No Pension Payments.
Cl has received tel call from DWP saying he cannot be paid NS ESA [his contribution record is ok] until his Contractual Sick Pay ends.
I rang to dispute this.  Senior Officer was consulted and agreed with original decision that cl cannot be paid NS ESA util CSP ends.  Any thoughts please.  I was so sure I was right and CSP ignored.

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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CaroleL
forum member

Pembrokeshire Citizens Advice. Community Advice Team. Senior Caseworker

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Total Posts: 9

Joined: 16 July 2020

Ianb - 03 November 2021 05:14 PM

You are right, they are wrong.

See https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/990519/admu1.pdf paras U1011 and 1012.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/977332/admv4.pdf para 4004 and V4017.3

Thank you Ianb.  I was so frustrated that even when challenged, and passed to a ‘Senior Officer’, they still didn’t get it right.