Will a dismissal affect our ESA?

[Lebleuet]

Hi there,

 

I wrote already a post in the employment forum and it may be that I will be dismissed soon.

 

My partner is receiving ESA, I was working but I'm currently off sick. I send my SSP1 form yesterday to get paid for my sick days.. so I'm claiming ESA as well soon as long as my sick note lasts. After that I'm still on my partners ESA claim. Is that correct?

 

If the worst happen and I will be dismissed, will I and my partner receive sanctions?

 

I'm worried because my employer wants/will? dismiss me for a wrong reason and I'm still in probation period. So he can dismiss me for any reason, but say it was my fault.

 

I read about sanctions for ESA if you don't go to appointments or work related interviews, but nothing about being dismissed while working and claiming ESA.

 

Can somebody had similar experience and give me some advice? What do you must provide the jobcenter after being dismissed?

 

Thank you very much!

Edited May 21, 2014 by Lebleuet
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[antone]

You won't be sanctioned for dismissal if you claim ESA. That only applies to JSA.

 

However, if your partner is receiving ESA is it income related or contribution based?

[Lebleuet]

Thank you for the quick reply, that's good to know! He's receiving income based one.

[antone]

Right, so if you make a claim in your own right and qualify for the contribution based benefit, the amount you receive will be taken off his payments, just like they were presumably doing with your earnings. If you don't qualify for ESA© then you would need to be added to his claim, as you said. Only one member of a couple can claim income based benefits at any given time.

 

He must notify ESA regarding this change of circumstances in respect of his own claim.

[Lebleuet]

It's a bit more mixed up. I'm on my partners income based ESA claim since January '14, then found a part-time job (under 100pound/week) and we received the reduced ESA because of my wages. I got sick, but didn't qualify for sick pay.. so I finally got the SSP1 form to claim ESA. So if I'll be dismissed or not, I stay on my partners ESA and be a ESA claimant as well. I think?

[antone]

It's a bit more mixed up. I'm on my partners income based ESA claim since January '14, then found a part-time job (under 100pound/week) and we received the reduced ESA because of my wages. I got sick, but didn't qualify for sick pay.. so I finally got the SSP1 form to claim ESA. So if I'll be dismissed or not, I stay on my partners ESA and be a ESA claimant as well. I think?

 

Yes, that's pretty much right. If you won't qualify for ESA© then there's not a lot of point in making a claim for ESA in your own name - your partner should contact ESA and notify a change in your circumstances as a couple. They can then recalculate your entitlement as a couple. They might ask you to send your SSP1 form.

 

When I processed ESA, there wasn't even a need for the partner on a claim to supply sick notes. I'm not aware of any change in those rules. But in any case, the fact that you were dismissed (if it comes to that) won't make any difference.

[Lebleuet]

That's great to know, thank you very much for the information!