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Thread: Holiday pay and ESA

  1. #1

    Holiday pay and ESA

    Good Afternoon,
    could you please help with the following: My wife has been on the sick since Feb 2012,she has had her SSP now we get ESA (Joint claim,we receive £111 per week),my wifes employer has just phoned and said she is due holiday pay.Will her holiday pay affect the amount of ESA we receive and if so who shouls she call and tell them about the holiday pay?

    Regards and Thanking You.

    David

  2. #2
    Senior Member
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    Your wife is entitled to 20 days holiday (which includes bank holidays) per annum. She has the right to either carry this over to next year or to take it as a monetary lump sum.

    I suppose you should speak to the DWP regarding a change of circumstances - but I'd actually wait until she gets paid as it would be hard to guess what she would receive.
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  3. #3
    Quote Originally Posted by Paul View Post
    Your wife is entitled to 20 days holiday (which includes bank holidays) per annum. She has the right to either carry this over to next year or to take it as a monetary lump sum.

    I suppose you should speak to the DWP regarding a change of circumstances - but I'd actually wait until she gets paid as it would be hard to guess what she would receive.
    Thank you Paul,she actually got a letter saying she was entitled to 190.24 hours hoilday pay(full years holiday),she then received a payment of £1,026.00 3 weeks ago.

    Her rate of pay was £7.20 per hour,her employer told me today that she has only had 142.5 hours and would get the rest this week.

    As we have no savings of any kind and live off £111 per week we would like to know if this amount affects our ESA payments.

    Thanking You

    David

  4. #4
    Senior Member
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    Hi David as I don't know the ins and outs of ESA I wouldn't want to mislead you in any way.

    But from looking at the ESA factsheet (http://www.disabilityrightsuk.org/f31.htm) an income/savings of £1369.73 wouldn't put you over the limit and you 'should' be allowed to keep it.

    Hopefully someone like DaveWhit (another member on here) will be along shortly to give you a more definitive answer.
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  5. #5
    Quote Originally Posted by davidbulman View Post
    Good Afternoon,
    could you please help with the following: My wife has been on the sick since Feb 2012,she has had her SSP now we get ESA (Joint claim,we receive £111 per week),my wifes employer has just phoned and said she is due holiday pay.Will her holiday pay affect the amount of ESA we receive and if so who shouls she call and tell them about the holiday pay?

    Regards and Thanking You.

    David
    If your wife qualifies for Contribution Based ESA because she has the required number of NI Contributions from employment, which it seems that she may do, then there is no means test with regards to CB ESA.

    If she only qualifies for Income Related ESA, (due to not having enough NI Cons) then you must not have savings or assets above £16,000. You can have up to £6000, without it affecting your IR ESA, between £6000, and 16,000, you would have a £1 deducted from your ESA for every £250.

    e.g, £8,000 assests or savings = £2000 over the £6000, £1 deducted for every £250 = 8 X £1 = £8 deducted from IR ESA/week.

    If you had £10,000 it would be £16/week, etc, etc.
    Last edited by vikstar; 12-20-2012 at 09:14 PM.

  6. #6
    vikstar is correct with the calculations. But from detail of your wifes' pay and leave entitlement it seems more likely that she does receive contibution based ESA. Therefore - as viktar says - the lump sum wouldn't affect anything (and you have said there are no other savings.)
    However, you are claiming as a couple and she could be getting some income related ESA to top up her basic conts based entitlement. Her claim form would have asked if she was owed anything from her employer, and of course at the time she may not have thought about this payment in lieu of holidays. It is an understandable oversight, and from what you have said it won't make any difference to your payments. It isn't earned income - just a legal requirement on the employer to 'compensate' if you like for holidays which she was unable to take. A very standard system.
    But just to keep everything above board, and to put your mind at rest, I would let the DWP know. She should explain that she didn't realise at the time that she was due for any holiday payment in lieu, but I really wouldn't expect any problem.

  7. #7

    Heading for Dismissal

    Good Evening.
    my wife has a meeting with her employers on 11th Jan,she has been on the sick since Feb 2012,she thinks she will be dismissed on ill health issues.She has been there 11 years and she has been informed off somebody that she will receive 11 weeks pay for the 11 years she has worked there.As she was on 35 hours per week @ £7.20 per hour(this payment would be around £2,772) does she have to inform the DWP and will it affect our ESA joint payment of £111 per week,we have no savings or owed any money in and we are surviving on the £111 per week ESA payments.

    Thanking You in Advance.

    David

  8. #8
    davewhit
    Guest
    Quote Originally Posted by davidbulman View Post
    Good Evening.
    my wife has a meeting with her employers on 11th Jan,she has been on the sick since Feb 2012,she thinks she will be dismissed on ill health issues.She has been there 11 years and she has been informed off somebody that she will receive 11 weeks pay for the 11 years she has worked there.As she was on 35 hours per week @ £7.20 per hour(this payment would be around £2,772) does she have to inform the DWP and will it affect our ESA joint payment of £111 per week,we have no savings or owed any money in and we are surviving on the £111 per week ESA payments.

    Thanking You in Advance.

    David
    looking at the hours worked and time she has been there she is possibly going to get if found sick enough get ESA CB which will not be affected by the £2,772 if she gets that amount they could just sack her and pay her holiday pay

    be warned till she has it in writeing some companies just sack people who have been on long term sick and give just holiday pay

    being off sick long term from a company does not mean DWP will ind your wife sick

    what is your status ? as its possible you will be expected to look for work under the terms of your wife getting esa cb or ir

    you might be able to get other benefits other than esa for example IS

    you need to see someone from CAB and also your wife if a member needs to see someone from her union and if possible take them to the meeting

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