Statutory Sick Pay

What is it?

Statutory Sick Pay (SSP) is paid to employees who are unable to work because of sickness. SSP is paid by your employer for up to a maximum of 28 weeks.

SSP is not paid for specific illness or treatment but to all employees, who are incapable for work and who satisfy the conditions for payment.

Can I get it?

You must have worked for your employer under a contract of service. Even if it is your first day of work with a new employer and you become sick part way through the day you may be entitled to SSP.

To get SSP you must be:

• Sick for at least 4 or more days in a row (including weekends and bank holidays). This is known as a Period of Incapacity for Work.
• Earn, before tax and National Insurance an average of £87.00 a week. This is called the Lower Earnings Limit for National Insurance Contributions (NIC). The amount you need to earn is lower than the amount when you have to start paying NIC’s or would start paying if you were treated as an employed earner.

Your earnings are averaged, over an 8 week period before your sickness began. This period may vary slightly depending on whether you are paid weekly or monthly paid, or at other intervals. If you have just started your job the calculation may be different, contact your employer for more information.

If you answer YES to all the above, claim SSP

When does SSP start?

SSP is a daily payment and is usually paid for the days that you would normally work. The days that you would normally work are known as Qualifying Days (QDs)

SSP is not paid for the first three QDs, in any period of sickness unless it falls within a linking period.

How much will I get?

If your average earnings before deductions such as tax and National Insurance (NI) are £87.00 a week or more:

• Standard rate £72.55 from April 2007 – March 2008

How do I claim?

Telling your employer you are sick

To get SSP, you should tell your employer that you are sick as soon as possible. You employer may have their own rules for when and how you tell them you are sick (please check with your employer).
However they cannot insist that you tell them:

• in person
• earlier than the first qualifying day or by a set time
• on a special form
• on a medical certificate
• more than once a week during your sickness

Your employer may not pay you SSP if you tell them you are sick more than 7 days after you are first became sick.
Evidence that you are sick

Your employer will ask you for evidence that you are sick. This will usually be in the form of a sick note from your doctor.

But your employer cannot ask you to provide a sick note, for the first 7 days that you are sick. They may ask you to fill in a self-certificate of their own or form SC2 which you can get from your GP's surgery, your nearest HM Revenue & Customs office.

How is it paid?

Your employer will pay SSP to you in the same way and at the same time as your normal wages.

What else should I know?

• If you have more than one job you may be entitled to SSP from each employer.
• Your employer cannot end your contract of service to avoid paying SSP.
• If you are away from work because of trade union action, you will not get SSP.
• If you are in legal custody, you will not get SSP.

Linking

If you have been sick for two spells or more of at least 4 days in a row with 8 weeks or less between them, they will be counted as one Period of Incapacity for Work. This means that waiting days will not be served for the second period of sickness.

If you have been in receipt of Incapacity Benefit or Severe Disablement Benefit within 8 weeks of being sick, you are not entitled to SSP because you can reclaim IB or SDB. Some people will also be entitled to reclaim IB or SDB if they are sick again within 104 weeks of a previous illness, and would not be entitled to SSP during this time. You will have received a linking letter from your Jobcentre Plus or Social Security office, give this to your employer.

Pregnancy

If you receive SSP for a pregnancy related illness at the start of or in the 4 weeks before your baby is due, SSP will stop and any entitlement to Statutory Maternity Pay (SMP) or Maternity Allowance (MA) will start automatically.

If you are entitled to SMP or MA, you cannot get SSP for 26 weeks or 39 weeks if your baby was due after 1 April 2007 starting with the day of entitlement to those payments.

If you are not entitled to SMP or MA, you cannot get SSP for 18 weeks starting with:

• the Sunday of the week your baby is born; or
• the Sunday of the week you are sick from work for a pregnancy related illness

Occupational Sick Pay Schemes

Many employers have their own sick pay scheme. If your employer has a sick pay scheme, which is equal to, or more than SSP, they may have different rules for payment, which you must keep to receive payment.

Should you want more information about SSP please contact Wisteria.