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Legal matters

ESA/Incapacity Benefit going and my company is being difficult!

7 replies

Bluesockseight · 28/08/2013 00:16

Would you mind having a look at THIS thread?

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Bluesockseight · 28/08/2013 00:17

Oops here's the OP:

I work for a large company and have Permanent Health Insurance as a benefit. I haven't worked since 2007 and the policy paid 2/3 salary less incapacity benefit, which I also receive. The benefit is payable if you're unable to do the job you're employed to do.

Incapacity Benefit (IB) is being phased out and claimants are being migrated onto ESA, which is payable if you're unable to do any work. I'm unlikely to qualify as I can work, just not in the job I'm employed to do.

So, I'll end up losing about £400/mth which is what IB is. I spoke to my employer to see would they be making up the difference and they said no, the current scheme says 2/3 salary less ESA, whether it's paid or not. They changed provider and scheme in 2010, but I'm a claimant on the previous provider's scheme and (I assume) the previous rules.

The letter from my employer says that they have no visibility into the criteria for qualification for ESA but they assume that if you qualify for PHI, you'll get ESA as well when that's patently not the case.

Is there anything I can do? Can they just change the goalposts like that?

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Lonecatwithkitten · 28/08/2013 07:41

Do you have access to the policy documents?

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Bluesockseight · 28/08/2013 07:49

No they will only supply me with a policy summary, not the actual document as they say I'm not the policy holder.

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Collaborate · 28/08/2013 09:20

It seems to me that your issue is with the insurance company rather than your employer. You will need to make a complaint to them I think, and if that doesn't resolve things to your satisfaction you can make a complaint to the Financial Ombudsman Service. Have a look on the FOS website though. This issue may have cropped up before.

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Nerfmother · 28/08/2013 10:00

Contact the insurer not the employer and ask?

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Bluesockseight · 28/08/2013 13:48

Collaborate, my employer is the policy holder, not me, and they claim the money on my behalf and pay it to me, from the insurer. The insurer won't deal with me at all and as far as I can see I don't have recourse to the Financial Ombudsman as again I'm not the policy holder. It's a weird tripartite relationship.

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Bluesockseight · 28/08/2013 13:48

Nerfmother I have but they won't deal with me.

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