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Overpaid/statutory rights

  • 22-04-2014 9:31am
    #1
    Registered Users, Registered Users 2 Posts: 199 ✭✭


    I have been out sick since 30th December 2013 and my company doesn't pay sick pay so I applied for the statutory sick pay.
    I have been out with the same illness in December 2013 and was told back then I'm not entitled to sick pay as for 2013 they look back to the 2011 calendar year and as I lived in the north back then I don't have enough contributions paid in 2011 to entitle me too sick pay in the republic.
    As that was only a week and a half I didn't bother about it too much.
    I have sorted out the sick pay with social welfare and am now getting paid while still sick.
    188 a week isn't much but it is enough to live on.
    The company I work for have since provided me with a payment protection form for me and my GP to fill in.
    I've done some research and this seems to be some insurance that will assure I get the same pay as before I got sick after I've been out for 6 months. It would mean a lot to me as it is not easy living on 188 a week.
    It would be the company though that provided the insurance so it would only work as long as I'm still employed by them.
    Now, here's the catch. The first month I didn't get social welfare as I had not enough hours worked and PRSI paid in 2011 and I'm still waiting on my contributions from the north. The company usually pays half of my wages in advance halfway through the month and the remainder end of the month. They now claim they have paid me in error the first 1,5 months I was sick and would like to take the whole amount of me as they claim I'm not entitled to any payments while sick. The question is thus: can they do this and if they can't or can would that affect the payment protection insurance? I have a similar insurance myself via Irish Life but claiming on that insurance is a lot harder. If not paying back the money the company wants from me is an option I'd like to take that option as I don't have that amount of money currently. If it would affect the payment protection insurance then so be it as I would use my own insurance in that case.


Comments

  • Registered Users, Registered Users 2 Posts: 9,625 ✭✭✭wmpdd3


    what can you pay beck out of 188 per week?
    I would write to them and remind them that you only have that payment to live on and say you may be able to make further payments when and if your sick pay comes into effect. that can't expect it back in a lump sum.


  • Registered Users, Registered Users 2 Posts: 199 ✭✭flemishgael


    wmpdd3 wrote: »
    what can you pay beck out of 188 per week?
    I would write to them and remind them that you only have that payment to live on and say you may be able to make further payments when and if your sick pay comes into effect. that can't expect it back in a lump sum.
    Thanks that's what I thought as well.
    Would they have some legal basis though for demanding it back straight away?


  • Registered Users, Registered Users 2 Posts: 199 ✭✭flemishgael


    Thanks that's what I thought as well.
    Would they have some legal basis though for demanding it back straight away?
    Had 14 missed calls and 13 voicemails and 12 emails just today about it.
    They are seriously putting pressure on me so I'm not sure what to do now.


  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22


    Write to them insisting all further communications are to to be in writing.bar there number from your phone.


  • Registered Users, Registered Users 2 Posts: 199 ✭✭flemishgael


    mp22 wrote: »
    Write to them insisting all further communications are to to be in writing.bar there number from your phone.
    I don't think barring them would help as it says in my contract I have to be available in case of illness. I will ask them though to conduct further communication in writing.


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