ESA and earnings/childcare disregards

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  • #45790
    anneb
    Participant

    Can someone please help with the following please?

    I have lone parent who is currently off work sick.  She cannot get SSP from her employer so has claimed ESA (C) and is in assessment phase. She gets DLAC/M and is entitled to the DP within her applicable amount.  She pays childcare

    I am satisfied that we can continue to disregard childcare costs as she is can be treated as in remunerative work for the first 28 weeks of sickness.

    I think I am correct in saying we can award her 16/30 hours premium as her AA includes the Disability Premium and she is treated as 'remunerative work'?

    Am I also right in thinking she doesn't get the standard earnings disregard as there are no earnings – only ESA?

    I'm having a blank moment and any help would be appreciated.

    Thank you!

    #128920
    walmslm
    Participant

    I don’t think she’d get the additional earnings disregard (16/30 hour premium), as she is not in remunerative work. She’s only treated as such for the purpose of the CCC disregard, not the additional earnings disregard.

    #128925
    Jon__Blackwell
    Participant

    Is she still receiving WTC? If so, does that include the 30 hour element?

    #128926
    anneb
    Participant

    she is still getting WTC but she only worked 18 hours when working.
    The way I read it was she could still get the additional hours disregard due to her AA including DP as she receives DLA and she is currently off sick

    #128927
    anneb
    Participant

    she is still getting WTC but she only worked 18 hours when working.
    The way I read it was she could still get the additional hours disregard due to her AA including DP as she receives DLA and she is currently off sick

    #128928
    anneb
    Participant

    she is still getting WTC but she only worked 18 hours when working.
    The way I read it was she could still get the additional hours disregard due to her AA including DP as she receives DLA and she is currently off sick

    #128930
    walmslm
    Participant

    A single person without children would normally have to work 30+ hours to get the additional disregard. The presence of the disability premium means this is lowered to 16 hours, I think this is the provision you are reading.

    However that is only when the customer is physically working those hours. If they are off sick they are not actually in remmunerative work. The fact that for the purpose of the CCC disregard there are provisions in place to “treat” people as though they are in remmumerative work backs up the point that somebody absent from work through sickness must not be”in work” and therefore does not qualify for the additional disregard (unless they do through their WTX as Jon was pointing out)

    #128931
    anneb
    Participant

    Thanks for the advice

    #128932
    walmslm
    Participant

    Also see regulation 6(7)-

    (7) A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave, paternity leave or adoption leave, or is absent from work because he is ill.

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