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Thread: Need advice with an application for ESA! Urgent, thanks for your help

  1. #1
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    Need advice with an application for ESA! Urgent, thanks for your help

    Hi there, need a bit of advice as not sure what to do with regard to an application for Employment and Support Allowance (ESA) i'm in the process of applying for. I made a new claim to them over the phone last week to claim for ESA as I am currently out of work with a shoulder injury, and was told a letter would be sent out to me with instructions and an envelope to send back the supporting documents they need (A completed SSP1 form and a sick note, both of which I have).

    The problem however is that on the SSP1 form, there is a section where you are asked to tick a box of already pre-chosen reasons as to why your employer cannot pay you Statutory sick pay, and these range through "Your average earnings before illness were not high enough", "Your contract of employment is for a fixed period and has ended" etc. But none of the reasons apply to my case, simply for the reason that I work for an independent pub and the reason they cannot pay me sick pay is that they just don't do sick pay. No other reason or anything, they just don't do it. That's it really, they don't have a scheme for it and they don't do sick pay. That's all fine and everything, but what should I tell the ESA then?! No tick box on the form that says that.

    Any help much appreciated, thanks!

  2. #2
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    Did you actually have an contract with this pub and paysheets? Or was a cash only thing?

  3. #3
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    Quote Originally Posted by reddivine View Post
    Did you actually have an contract with this pub and paysheets? Or was a cash only thing?

    Yes I do, and yes I have payslips, I get them through to my email instead of in person though, and well the job is cash in hand, however all tax and NI contributions are already paid before I receive my wages so it is still legal.

  4. #4
    Senior Member nukecad's Avatar
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    You should not be filling in form SSP1 yourself.

    It should be the employer who fills in the SSP1 and gives it to the employee.
    There is a declaration at part D that must be signed by the employer.

    The section you are talking about is for the employer to explain, to both the employee and the DWP, why they are not paying Statuatory Sick Pay.

    Even if they don't have a sick pay scheme most (there are exceptions) employers still have to pay SSP for up to 28 weeks.
    If they are taking tax and NI from your wages then they should have to pay SSP.

    If they have paid SSP for 28 weeks, or if they are not liable to pay SSP, then they should issue an SSP1 to the employee.
    https://www.gov.uk/statutory-sick-pay/overview
    Last edited by nukecad; 02-09-15 at 18:41.
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  5. #5
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    Do you just get paid in cash is that what you mean, a cash in hand job usually means not on the books ie no tax or ins paid or contract given.

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