Do I HAVE to apply for Incapacity Benefit ?

[shortcircuit]

I've been signed off sick for over a year & have just been informed by my payroll department that I need to apply for incapacity benefit (something to do with SSP)

My DH doesn't want me to & I don't think I will qualify because DH is a high earner.

What shall I do ?

TFIA

could you see somebody at CAB and ask their advice,dont have any personal knowledge.

I suspect you do if you want to return to work with the same employer when you get better

If you feel you dont need the money maybe you could donate it to a suitable cause/

Well your SSP only lasts for a certain period of time, so if you want any money then yes you would need to apply for incapacity (or EMA as it is now).

Assumign that you've been paying NI then it won't be means-tested. And if you are on ICB/ESA then it counts towars your state pension I believe.

You can end up in a ctach whereby ESA sign you fit for work but your GP won't sign you as beig fit for your particular job, but can't see that you would end up worse off if you apply.

my employer pays 100% sick pay for 28 weeks, then I go on to 75% sick pay, so I am still employed & being paid.

I spoke to my payroll yesterday & she wasn't very helpful.

Will my employer stop paying if I don't apply ?

Well what probably happens is that your contractual sick pay includes your statutory sick pay. So when your SSP runs out your employer will pay you the difference between ICB and your 75% pay. In other words the employer is taking account of the benefit that you should be receiving (otherwise you would be getting paid twice up to the limit of ICB (now ESA))

That's extremely generous sick pay. It is likely to incorporate benefits you are getting as well. Plus with a generous occupational sick pay package they can more or less put whatever terms and conditions on it they like.

Whether they will stop paying if you don't apply is up to them, you will need to ask.