Statutory sickness benefits
[ch 4: page46-48 ]Unless the contract of employment says differently, an employer need do no more than comply with statutory requirements and benefits when a worker is off sick. The main statutory benefit for workers who are off work due to problems with their health is Statutory Sick Pay (SSP, see page 48) which is payable for up to 28 weeks, after which a sick employee dependant purely on their statutory entitlements might move on to Employment and Support Allowance (ESA, see page 50).
There may be other benefits or tax credits that someone in employment could claim in the event that their income is affected by sickness absence. Disability Rights explains what work a worker may do while claiming health or disability-related benefits.
The box below highlights some of the benefits union reps may come across. LRD’s annual guide State Benefits and Tax Credits provides more information.
Benefits other than SSP that may be relevant where income is at risk due to sickness absence or disability
Access to Work: A grant to help workers with a disability, health or mental health condition start working, stay in work or move into self-employment or start a business.
Attendance Allowance: A weekly amount for those aged 65 or over, to help with personal care because of being physically or mentally disabled.
Blind Person’s Allowance: An extra amount of tax-free allowance (the worker can earn more before they start paying Income Tax).
Carer’s Allowance: A weekly amount for those aged 16 or over who spend at least 35 hours a week caring for someone with substantial caring needs.
Carer’s Credit: A National Insurance credit for those caring for someone for at least 20 hours a week, helps with gaps in an individual’s National Insurance record.
Coal Workers Pneumoconiosis Scheme: Compensation for British Coal and National Coal Board employees affected by pneumoconiosis (widows or family members may be able to claim).
Disability Living Allowance (DLA) for adults: Gradually being replaced by Personal Independence Payment (PIP) for people aged 16 to 64 (new claims still possible over 65).
Disability premium (Income Support): An extra amount automatically added to Income Support (see below) if qualified.
Disabled Facilities Grants: Grant from local authority if someone is disabled and needs to make changes to their home.
Disabled Students Allowance: Allowance for higher education students living in England who have a disability.
Employment and Support Allowance (ESA): Financial support for ill or disabled people (employed, self-employed or unemployed) involving a Work Capability Assessment (may have been transferred from Income Support or Incapacity Benefit)(see page 50).
Incapacity Benefit: Being replaced by Employment and Support Allowance (ESA).
Income Support: For a person (or partner) with no income or a low income working less than 16 hours a week and aged between 16 and Pension Credit qualifying age. If SSP combined with any other income is less than the Income Support “applicable amount” a worker may be able to claim IS as well.
Independent Living Fund: Permanently closed to new applications (helps disabled people live an independent life in the community rather than in residential care).
Industrial Injuries Disablement Benefit: For people sick or injured as a result of a workplace accident or disease or have become deaf through work (see page 57).
Personal Independence Payment (PIP): A tax-free benefit to help with costs caused by long-term ill health or a disability for people aged 16 to 64, whether in or out of work. It began to replace Disability Living Allowance in April 2013, however there have been big delays (see page 27). Disabled people aged over State Pension Age (SPA) may be eligible for Attendance Allowance.
Reduced Earnings Allowance: Only available for accidents that happened or diseases that started before 1 October 1990.
Severe Disablement Allowance (SDA): SDA was a state benefit for those below the SPA assessed as being unable to work because of illness or disability. It was abolished altogether in 2001 but some people carried on getting it. However, it has now been replaced by Employment and Support Allowance (ESA).
Vaccine Damage Payment: For those severely disabled as a result of a vaccination against certain diseases.
Work Choice: Support (training, confidence-building, interview coaching) if someone is disabled and finding it hard to work (voluntary).
Working Tax Credit: For those in paid work with low incomes. Note that workers who are sick or disabled and on a low income may also be able to get help with housing costs through Housing Benefit.
www.disabilityrightsuk.org/work-people-living-disability-or-health-conditions