Linking rules - be careful to know the law

I successfully won my ESA appeal and was awarded the full rate, this was 14 months after the claim and 3 weeks after I began work.

7 weeks into my job I had back surgery and was therefore off work, I was not entitled to company sick pay but they paid SSP - first mistake.....Over 8 weeks later i returned to work with supposed adaptions to my work to accommodate my needs.. I managed 1 1/2 days...back onto sick pay ( a continuing mistake)...then before I was deemed fit to return I was made redundant (nothing to do with my absence as all the staff were affected). As I was still subject to a fit note I put in a claim for ESA.

Fortunately I have a very accommodating assessor, who explained that I should not have been paid SSP as I had claimed ESA within 12 weeks of the first period of sickness absence. She has agreed to back date my claim by 3 month, the advantage for me is that I should then be covered by the linking rules and the claim should be be based on me having passed my medical. I will the be paid from the 8th November at the higher rate and should also have my MIS back paid.

Unfortunately I will not be paid for the beginning of this period of sickness as it is over 3 months ago and I am waiting for my ex employer to request a return of the SSP which they paid me. I will not be paying it back in a rush......watch this space :

julesg111 wrote:

I am waiting for my ex employer to request a return of the SSP which they paid me. I will not be paying it back in a rush......watch this space :

Why will you be slow paying them back ?

because the company is a private contractor for the welfare to work programme and specifically works with those on heakth related benefits... they were my pathways provider prior to me working for them so they knew i had been on health related benefits and should have kniwn better....also there is aperiod of 7 weeks which they paid SSP and i am not able to claim ESA so I am going to be out of pockey