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ESA claim and finishing work due to ill health
- Cadno
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7 months 3 weeks ago #289434 by Cadno
ESA claim and finishing work due to ill health was created by Cadno
Hi. I am currently employed and on long term sick with both mental health and physical conditions. I am still in receipt of occupational sick pay which will end in June. If I need to finish work on ill health grounds would it be better to resign for this reason or wait until my employer finishes me on the basis of not being capable of doing my job. I’m uncertain if resigning will affect a claim for ESA as I have made the decision to leave employment. Thanks
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- Gary
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7 months 3 weeks ago #289489 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA claim and finishing work due to ill health
Hi BonBon
You need to seek advice on the implications of resigning vs being made redundant, do you have a union where you work ? Your company may medically retire you, but you need to know what are your best options.
You could try ACAS to see what they have to say, and your local employment specialist.
Resigning will not affect your claim for NS ESA; There are two Contribution Conditions that you need to meet for a new claim for New Style ESA.
Both are based on the two Tax Years preceding the current Benefit year, for 2023 they are 2020-21 and 2021-22.
The Second Condition requires a minimum of 50 weeks of either NI Contributions and/or NI Credits, your current Credits Only award potentially covers this.
The First however requires a minimum of 26 weeks of NI Contributions in either of the two years.
Gary
You need to seek advice on the implications of resigning vs being made redundant, do you have a union where you work ? Your company may medically retire you, but you need to know what are your best options.
You could try ACAS to see what they have to say, and your local employment specialist.
Resigning will not affect your claim for NS ESA; There are two Contribution Conditions that you need to meet for a new claim for New Style ESA.
Both are based on the two Tax Years preceding the current Benefit year, for 2023 they are 2020-21 and 2021-22.
The Second Condition requires a minimum of 50 weeks of either NI Contributions and/or NI Credits, your current Credits Only award potentially covers this.
The First however requires a minimum of 26 weeks of NI Contributions in either of the two years.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Cadno
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7 months 1 week ago #289936 by Cadno
Replied by Cadno on topic ESA claim and finishing work due to ill health
Thank you for your help
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- boris1
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7 months 1 week ago #290003 by boris1
Replied by boris1 on topic ESA claim and finishing work due to ill health
Hi I would advise you not to resign because you would lose any potential right to redundancy payment or possible early ill health retirement pension from your employer.
Seek advice from your union if you are a member of one or citizens advice.
Seek advice from your union if you are a member of one or citizens advice.
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