should I still claim benefit...

[prishan]

Hi guys,

 

Can I ask for your thoughtful advice?? I will be extremely delighted if you can spare few lines for me.

 

I have a situation here with my employer. they ceased my SSP on early February and ask me to contact DWP for benefits.

 

In early March my doctor gave me a fit note saying I am able to return to work if employer does the assessment in regard my disability and make reasonable adjustment. Yet, I haven't heard anything from my employer.

 

My doctor issued another similar note again this April with a time period of 3 months.

 

Payroll, again sent me a reminder and asking me to contact the DWP for benefits and asking me to forward DWP's letter to them once I receive it. By the way I am now a under notice period.

 

My question is if I am still entitled to a benefit when my doctor is providing a fit note and the employer is yet not taking that into account and returning me to work?

 

Thank you in advance. your opinions are well appreciated.

Edited April 24, 2012 by prishan

[MIKEY DABODEE]

Had your entitlement to SSP ceased and have you been ill for 26 weeks or less

[prishan]

thanx Mikey..yup I was entitled to SSP and been sick off for 26 weeks..

[prishan]

and to add its ceased..

[MIKEY DABODEE]

then you should be able to claim ESA as your entitlement to SSP has ceased. If you were still entitled to SSP and he was just not paying it then it would have been I.S if applicable

You will need your fit note

www.dwp.gov.uk/docs/fit-note-employee-guide.pdf

 

You may be entitled to ESA conts or if not ESA IB, but not if you have a partner who works over 24 hours

[prishan]

my partner does not work.

 

Just for a double check what i understand if the employer does not still bring me back to work despite doctor's fit note..I am still be entitled to ESA..right. it will not be a fraudulent...

[count orlok]

Isn't your employer required by law to make any reasonable changes to enable you to return to work? Bearing in mind your doctor has stated you could in such a situation.

 

Also as he now put you on notice would you not have a case for unfair dismissal?

[antone]

my partner does not work.

 

Just for a double check what i understand if the employer does not still bring me back to work despite doctor's fit note..I am still be entitled to ESA..right. it will not be a fraudulent...

 

Yes, as your SSP has now exhausted you are able to claim ESA even though you are still technically employed. As long as you declare all the relevant facts when you make your claim, you will be fine.

[johnvernon74]

What benefit is your husband getting? If he is claiming benefit then you would apply for ESA. If you had paid enough contributions then you would get contribution based for 12 months. If your husband is on a income based benefit its possible his benefit would stop, and then you should apply as a going couple for ESA

[prishan]

Yes, as your SSP has now exhausted you are able to claim ESA even though you are still technically employed. As long as you declare all the relevant facts when you make your claim, you will be fine.

 

that's great! thanks.i was a lil worried about claiming!

[prishan]

What benefit is your husband getting? If he is claiming benefit then you would apply for ESA. If you had paid enough contributions then you would get contribution based for 12 months. If your husband is on a income based benefit its possible his benefit would stop, and then you should apply as a going couple for ESA

 

Grand!

 

no my partner isn't drawing any benefit. and yes, i have paid enough contributions!

[prishan]

Isn't your employer required by law to make any reasonable changes to enable you to return to work? Bearing in mind your doctor has stated you could in such a situation.

 

Also as he now put you on notice would you not have a case for unfair dismissal?

 

yeah! its a long story. i have put a claim for unfair dismissal, but Judge has said to put up a claim again as it was a little premature.

 

absolutely, they should be making reasonable adjustment, that's what I am claiming for, instead they appear to have preferred to dispute my claim in the ET and simply ignoring doctor's note to date.

[antone]

Grand!

 

no my partner isn't drawing any benefit. and yes, i have paid enough contributions!

 

For ESA, you can claim contribution based ESA© for yourself, and this does not take partner's income or any savings you have into account. If you also claim for means tested ESA(IR) your partner will be considered as part of the claim, but you may receive an extra amount for them.

[prishan]

Excellent! guys thank you all.Your comments are very helpful.

 

would still appreciate further comments...

[Nystagmite]

What benefit is your husband getting? If he is claiming benefit then you would apply for ESA. If you had paid enough contributions then you would get contribution based for 12 months.

 

Only if you're in WRAG.

 

Isn't your employer required by law to make any reasonable changes to enable you to return to work?

 

Yes. I seem to remember that your GP can recommend that you can only doing certain things, you may need this adjustment, etc.