Terms & Conditions

[Martin Giles]

Seeking clarification regarding application of the basic £5 earnings disregard when applicant in receipt of Statutory Sick Pay. At the moment if applicant is claiming HB/CTB but has a change in circumstances taking him on to SSP we still apply the £5 disregard, however if he makes a claim because he has gone on to SSP, then we do not. Not sure this is right but would welcome some advice.

[Anonymous]

I would always just apply the standard disregard regardless of CoC or new claim (not the extra £14.50 if they were working over 16/30 hours before going sick).

Would be interested to see if the way you are doing it is the right way though!

[Bobkirkpatrick]

I don’t see how it can be the right way. “Earnings” includes Statutory Sick Pay – Regulation 35(1)(i). It is therefore subject to the standard earnings disregards in Schedule 4.

[markp]

I agree with Bob on this one Earnings, incl. SSP, are earnings therefore appropriate disregards apply. You may need to check if WTC is in payment and if so whether the additional disregard is applied to the WTC entitlement. If it is you’d have to allow that as well.

Do I know what I'm doing? The jury's out on that........................

[arenton]

This question about the Earnings disregard and SSP comes up quite a lot, and the general opinion seems to be that the £5.00 disregard is applied, but nothing more. Although as Mark says the 30hr/16hr disregard would apply if they were on WTC and entitled to it that way. It seems easy enough to follow now.

However, (and i am probably wrong on this!!!!)- but i’m sure i have read in the past that WTC work along the following lines – if say a single person claims WTC for the first time but is on SSP, if they were working say over 30hr BEFORE becoming sick, they would be classed as still doing so, and would therefore be able to qualify for WTC and get the extra amount for over 30 hrs etc??

I have always thought this strange, as we would not work like this- but then i sometimes wonder if maybe we should work like this also? Can anyone re-assure me that we should definately not work the same as WTC??

[cfowkes]

I had got so confused over SSP and the additional earnings disregard I had to seek clarification from Adelphi. A summary of the response is that if someone meets the conditions for the 30-hour element in WTC then they can have the 30-hour disregard in HB claim.
There is not a requirement for someone to actually be receiving WTC.

Someone (subject to age/status) who normally works 30 hours or more still meets the qualifying criteria to receive WTC. Therefore can receive the additional earnings disregard whilst in receipt of SSP.

The 16-hour earnings disregard is independant of WTC regs and the conditions for this disregard is to be in remunerative work. Therefore for example a lone parent in receipt of SSP who normally works 16 hours a week cannot receive the additional disregard, would get £25.00 earned income disregard only. This is because SSP is not remunerative work.

I can let you have a copy of the email response if it would help.

[arenton]

Hello Clare,

Thanks for that.

I would love a copy of the response if it is not too much trouble.

Thanks (e-mail,address ARenton2@scotborders.gov.uk ) Cheers

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