Illness benefit question

daheadonu

I am currently on sick leave and receiving income protection through my job.

I was informed by my hr contact that illness benefit will be deducted from my paycheck but the thing is I am not receiving illness benefit nor am I eligible for it.

I have been in touch with the illness benefit department and citizens information and I was informed by both workers I spoke to that my job isn't allowed to do this.

I was wondering if anyone has been in a similar position or if there is any relevant advice to be given.

Thank you.

Dempo1

I can't comment on wether your employer is permitted to so this or not ,every company has their own Sick pay scheme.

More importantly, Why are you not entitled to illness Benefit , who told you this 🤔 if your employer is stating they are deducting illness benefit from the Sick pay they are paying you ,it would suggest you are entitled to at least apply ,but keep in mind your expected to do this within a reasonable period of time & you'll need a Sick cert from your GP to be submitted to DSP

Cherry Blossom

Statutory sick pay in 2024 is a maximum of 5 days pay at 70% of your usual days wage up to a maximum of €110 per day. After your statutory entitlement runs out it is up to the employer if they give you anything more, they are not required to unless it’s stated in your employment contract.

Dempo1

https://www.boards.ie/discussion/comment/121705801#Comment_121705801

Poster is under the impression they are not entitled to illness Benefit, why is a mystery

SourSessions

https://www.boards.ie/discussion/comment/121706102#Comment_121706102

Perhaps they don't have enough contributions in 2022?

Dempo1

https://www.boards.ie/discussion/comment/121706496#Comment_121706496

Hadn't thought of that but they don't mention if they've even applied for it 🤔

daheadonu

Hi

My apologies for not being clear , I do not have enough paid contributions to be eligible for illness benefit , I did apply and was told as such.

I'm getting 75% of my normal wage through income protection scheme from my employer, this is paid from the insurance company to my employer and then to me through payroll.

I have been told by my hr partner that they will be deducting illness benifit from my pay even though I'm not eligible to receive the ib payment.

I have been told by citizens information and illness benifit office that my employer cannot deduct ib if I'm not in receipt of the payment.

I got my first payment that was meant to have ib deducted and there was no deductions but yet I'm still being told by hr that my paychecks will have ib deducted.

I guess what I want to know is if an employer can deduct ib from an employee paycheck when they are not in receipt of the payment and if anyone has gone through something similar.

If I'm not making sense or writing stuff wrong please let me know.

Cherry Blossom

What does your contract say about it? Or the terms of the insurance? This is a legal issue between yourself and the insurance company and your employer. Your employer has no obligation to organise insurance for sick leave under Irish legislation, the fact that they have done so is a bonus. Again, you will need to check both the t&c of the insurance and the t&c of your employment contract. This is not a state benefits issue.

Dempo1

https://www.boards.ie/discussion/comment/121707886#Comment_121707886

Thanks for the clarification, unfortunately it is clear the terms of your employer Sick pay scheme assumes employees are eligible for Illness Benefit & makes no allowance for an employee having a lack of contributions.

This is really a legal issue but I believe citizens info are incorrect. Your employer has an insurance policy & it is not unusual for employers to deduct the value of Illness benefit from your sick pay, they can't predict you don't have enough contributions.

LimerickGray

I was in this position getting IP. The IP was deducted from payroll as normal and a notional sum for single rate IB was deducted also. When Welfare decided I was not eligible after 4 or 5 months the payroll refunded me.

Necro

If you have a decision letter from Illness Benefit confirming you don't qualify, send this to your employer and they should refund the Illness Benefit deductions as it shows you aren't receiving the payment. They aren't allowed to deduct payment you haven't received is my understanding but you have to be proactive about it and forward them the proof that shows you aren't getting it.

If they keep deducting it after you've shown proof you aren't getting it you will have to raise a dispute with the WRC regarding it.