31 May 2015

A question about : ESA

Hi all

Wife works/worked in a care home doing nights on a 1on 5off contract (was originally 3on 3off, but she dropped 2 after having the kids), she also picked up extra shifts as and when on a 'bank' basis, usually doubling her shifts.
She is off sick from work and has been since July
SSP has just run out and we have submitted a claim for ESA
Work have been trying to get her to come in for a chat for a few weeks, which finally happened yesterday.
They started out nice, but eventually started to get very pushy for her to quit her contracted shift (pushy enough to make her cry, though that's not difficult at the mo), saying she could remain on the 'bank' to get shifts if/when she is well again, but will lose her contracted regular shift.
Would this amount to quitting her job? Any down side to this in terms of affecting ESA?
No problem with losing the job itself as what her work don't know is that she is planning to move out of the area in a few months time so won't be returning to work anyway. She plans to get herself off ESA by starting her own part time care/home help self employment once she's moved

Thanks

Brighty

Best answers:

  • Quitting your job does not affect ESA at all - nor does still notionally being employed but not getting any hours, or being off-sick.
  • Has she paid enough NI to claim contribution based ESA if not she would be looking at Income based but that would be affected by your income.
    Either way she would still be able to keep her job (without working bank) and claim ESA if eligible.
    The bigger picture is her future employment, if she gets sacked she may struggle to gain a job, if she stays she is left with a longer sickness period on record.
    IMO if she is going to be too unwell to return to work before the move I would resign and put Homemaker down for these months.
  • Thanks all
    They've asked her to write a letter confirming she'll give up her one shift, effectively resigning, no harm in that then.
    Regarding ESA, income related is a no, as I work full time. No idea if she's paid enough NI over the last 2 years to get contribution based or not, how much is enough NI? I assume so as man on the phone didn't she hadn't. I assume it's tax years so April 12-13 & 13-14? 13-14 her earnings were only Ј4272 according to her P60, no idea about 12-13
    Brighty
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