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7 months 4 weeks ago #289281 by ClaireBB
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I am so so so grateful to Benefits and Work. Because of their help, my mum has received a letter today telling us she has limited capability to work; she is suffering so badly with pain it has broken my heart. Today, I could have cried when she got the letter. The relief is unbelievable. I'd like to ask what she should do next - she is currently employed (on long term sick) so does she resign today or wait for another meeting - wanting to ensure she does everything right. If she resigns does she have to give the reasons why. She has a meeting with HR on Tueday - is it ok for her to resign then?
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- LL26
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7 months 4 weeks ago #289290 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic OMG
Hi ClaireBB,
Well done to your Mum! Its good to know that you found B&W helpful.
If your Mum can't work, then I think it would be a better idea to discuss this with her HR department on Tuesday. I guess there might be a possibility of reduced hours and other reasonable adjustments but if things have gotten beyond that stage, then stopping work may be the right option. Rather than resign it might be preferable to see if early retirement on sickness grounds could be agreed. This is because
Your Mum might be entitled to an occupational pension, and she needs to be careful that she doesn't lose out on this.
Is this a claim for contributions based ESA ( new style ESA)? - if so you can receive up to £85 occ pen as well as the ESA. Half of any pension over £85 will be deducted off the ESA amount.
There are different rules under UC.
Remember that the occ pension will probably also remain payable after state pension age is reached.
Do also bear in mind that if there is any occ pen payable your Mum needs to be absolutely sure about whether it financially viable to take an early pension, or whether she would be better to simply wait until pension age, if she could achieve a bigger payment. HR may be able to give detailed advice on this, or your Mum should seek advice from an independent specialist pensions advisor.
I hope this helps.
LL26
Well done to your Mum! Its good to know that you found B&W helpful.
If your Mum can't work, then I think it would be a better idea to discuss this with her HR department on Tuesday. I guess there might be a possibility of reduced hours and other reasonable adjustments but if things have gotten beyond that stage, then stopping work may be the right option. Rather than resign it might be preferable to see if early retirement on sickness grounds could be agreed. This is because
Your Mum might be entitled to an occupational pension, and she needs to be careful that she doesn't lose out on this.
Is this a claim for contributions based ESA ( new style ESA)? - if so you can receive up to £85 occ pen as well as the ESA. Half of any pension over £85 will be deducted off the ESA amount.
There are different rules under UC.
Remember that the occ pension will probably also remain payable after state pension age is reached.
Do also bear in mind that if there is any occ pen payable your Mum needs to be absolutely sure about whether it financially viable to take an early pension, or whether she would be better to simply wait until pension age, if she could achieve a bigger payment. HR may be able to give detailed advice on this, or your Mum should seek advice from an independent specialist pensions advisor.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- ClaireBB
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7 months 4 weeks ago #289291 by ClaireBB
Replied by ClaireBB on topic OMG
Really sorry I do not understand this. She has had her application accepted on the basis that she is not fit to work. Why would she then work if she has made an application on the basis of not being fit to work? How would she know whether she has applied for new or old style. Confused! Does this impact state pension?
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7 months 4 weeks ago #289299 by denby
Replied by denby on topic OMG
Dismissal on grounds of incapacity to do the job is a better option. Resigning could create a minefield which Mum should avoid at all costs unless absolutely rock solid certain on professional advice it is OK..
Never mind any sense of 'being fair to the employer' etc which some of us older ones linger with. If she has a trade union [or possibly is prepared to quickly join one] they may be very helpful in negotiations.
Never mind any sense of 'being fair to the employer' etc which some of us older ones linger with. If she has a trade union [or possibly is prepared to quickly join one] they may be very helpful in negotiations.
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7 months 4 weeks ago #289318 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic OMG
Hi ClaireBB
I know it sounds a bit gobbledygook, your mum needs to get advice from her local Welfare Rights Organisation; advicelocal.uk where they can give her accurate advice.
If your mums claim is a recent claim then it would be NS ESA, legacy ESA stopped a while ago for new claimants.
It could impact on state pension, it would depend on your mums NI record; www.gov.uk/check-national-insurance-record
Local Welfare Rights Organisation will be able to check, has your mum applied for a Gateway number? www.gov.uk/government/publications/acces...ment-gateway-account
Gary
I know it sounds a bit gobbledygook, your mum needs to get advice from her local Welfare Rights Organisation; advicelocal.uk where they can give her accurate advice.
If your mums claim is a recent claim then it would be NS ESA, legacy ESA stopped a while ago for new claimants.
It could impact on state pension, it would depend on your mums NI record; www.gov.uk/check-national-insurance-record
Local Welfare Rights Organisation will be able to check, has your mum applied for a Gateway number? www.gov.uk/government/publications/acces...ment-gateway-account
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 months 4 weeks ago #289347 by ClaireBB
Replied by ClaireBB on topic OMG
Thanks so much for reply. She is so desperate to leave as they have been so awful to her. I just wondered if there will actually be any sanction to her leaving on the grounds of ill health now she is LCWRA
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