Malvern Hills District Citizens Advice Bureau

May 2012
I have been too ill to work for some time and have been living on a sickness benefit called Employment and Support Allowance, but I have heard this might stop soon. It's already a real struggle to get by and I'm in no state to go back to work. What can I do?

If you're getting contributory Employment and Support Allowance (ESA) - the form of ESA you should be getting if you paid the right amount of National Insurance contributions before you were ill - you may be affected by changes happening soon.

From 1 May, if you're in what's known as the Work-related Activity Group, you can only get contributory ESA for a maximum period of one year. Time spent in the Work-related Activity Group before 1 May counts towards the year, so if you've already been getting it for one year and you are in this Group, your contributory ESA stopped on 1 May. You won't be affected if you're in what's known as the Support Group, which is made up of people not expected to be able to work again at any time.

If you have a condition which is getting worse, you may be able to go into the support group instead of the work-related activity group. If you're in the support group, your contributory ESA isn't time-limited.
If you were getting both contributory ESA and income-based ESA, you will get more income-based ESA to replace the contributory part.

If your contributory ESA stops because of these changes, you may be able to get income-based ESA instead. This will depend on your income and savings, and any income and savings of your partner, if you have one.

The Jobcentre will write to you before your benefit stops, telling you what's happening and asking if you want to be considered for income-based ESA. You'll have to provide details of your and your partner's income and savings promptly, so that the Jobcentre can transfer you to income-based ESA straightaway, if you can get it. You won't have to make a new claim for ESA or have more medical assessments because of this change.

If your money goes down as a result of these changes, you might be able to get more of other benefits, such as Housing Benefit, Council Tax Benefit, Pension Credit or tax credits.

For more information about the ESA changes, go to the Directgov website at www.direct.gov.uk, see www.adviceguide.org.uk or get more detailed personal advice from your nearest Citizens Advice Bureau.

April 2012
Do I have to work on the Queen's Diamond Jubilee Public Holiday?
To celebrate the Queen's Diamond Jubilee there will be an additional bank holiday on Tuesday 5 June 2012.

As there is no statutory right to any bank or public holiday the announcement of an extra bank holiday does not increase any entitlement to holiday under the Working Time Regulations. So whether an employee will benefit from the additional bank holiday will depend on the wording of their contract, and the discretion of their employer.

For example, a contract which entitles a worker to 20 days annual leave in addition to all statutory, bank and public holidays, would potentially give the worker an extra day's paid holiday. Some contracts state the number of bank or public holidays they are entitled to, but if public holidays are listed by name, in a contract, it could be trickier.

Employers may wish to consult with workers about any arrangements for the additional public holiday as planning and good communications may reduce the risk of absenteeism and other issues around taking time off.

Is there a right to be paid double time on a bank holiday?
There is no legal right to be paid any extra for working a bank holiday, it will depend on the terms of the employment contract.

However many employers do provide incentives to work on bank holidays so it can be worth checking out any contractual obligations.

Can an employer refuse to give time off for the rest of the week?
Yes, an employer can state when employees may take time off and how many people can be off at any one time. Some employers will close for the holiday, others may have a reduced number of staff working, but they will need to look at their business needs when deciding on leave requests.

Will part time workers be entitled to an extra day?
Employers will need to consider the rights of part time workers. Part-time workers are entitled to the same holidays as full-time workers, calculated on a pro-rata basis, and the additional day should therefore be taken into account when calculating their bank holiday entitlement.

For further information and advice, contact your local Citizens Advice Bureau or see www.adviceguide.org.uk.

If you are housebound and cannot travel to Upton, you can telephone Malvern CAB (01684) 567146 and we will try to arrange a home visit.