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Statutory Sick Pay - What is SSP? Can I claim it? - Information and Advice.

   

Statutory Sick Pay - sometimes called Statutory Sickness Benefits - is paid to any employee who is not able to work owing to sickness. Your employer has to pay it to you for up to 28 weeks. That is the law. It does not matter what type of illness you have. If you cannot work because of it, then you are entitled to SSP - Statutory Sick Pay - providing that you are eligible.

The conditions for being able to be paid SSP are quite straightforward.

 
  • You must be working for your employer with a proper contract of service - contract of employment. If this is the case, from day 1 - you are entitled to SSP if you are unable to work because of any sickness problem.
  • You must be sick for at least 4 consecutive days - this included weekends and bank holidays. So if you 'go sick on the Friday, then the Saturday and Sunday also count as consecutive days.
  • Your gross income for the previous 8 weeks, will have to averaged £90.00 per week. If you have just started your job, then your employer will explain to you how the calculation is made. There may be a slight difference of the 8 week timing, dependent upon whether you are paid weekly or monthly.
  • If you have two jobs - or maybe three (!) you may be entitled to SSP at each job - depends upon your contract.
  • You cannot get sacked by your employer because you claim SSP.
     

BUT!

  • If you are sick whilst on strike because of a union strike, you will not get Statutory Sick Pay.
  • If you are in jail - or otherwise detained in legal custody, you will not get SSP

How do I get SSP?

SSP is paid on a daily basis, and paid for the days you would normally work. This may include some weekend days if that is part of your contract of employment. It is NOT paid for the first three days of any absence from working. If you are off work for two periods of more than four days in any eight weeks, then there is no 'waiting period' for the second period of sickness.

Rate of SSP
From April 6th 2008 to 5th April 2009, the weekly rate of Statutory Sick Pay (SSP benefits) is set at £75.40. It will be worked out by your employer on a daily basis - taking into account your normal working days in the week. The week starts on Sundays for SSP.

Claiming

  • Tell your employer that you are sick and unable to work, as soon as possible.
  • Your employer may have rules - set out in your contract of employment - on how you are to tell them. For instance, it may be by telephone, or perhaps in writing. Find out from your employer as soon as possible how you should notify of absence of work through sickness.
  • You do NOT have to tell your employer in person - ie by turning up.
  • You do not have to use a special form supplied by your employer, nor do you have to have a 'special' sick certificate that says so.
  • You do not have to tell your employer more than once in any week, that you are still sick.
    For the first seven days, you do not need a sick note from your doctor. However, you may have to fill in a 'self certification of sickness' from your employer.
  • Do not leave it for seven days before your first tell your employer, or you may not get paid SSP.
     

Payment

You will get your SSP in your normal wages packet - either monthly or weekly, depending upon how you are paid.

Important notes for Claiming SSP

  • Your employer has the right to decide whether you are unable to work because of sickness. They will normally be careful about claiming that you should work, because of the consequences of anything going wrong! If you have a doctor's sick note, then they are very unlikely to say that you should work! It may be that your incapacity is because of a dental problem - your dentist can provide you with a sick note - you will have to pay.
  • If you have been getting ESA - Employment Support Allowance - at any time within 12 weeks of being sick, they you will not get SSP. You can reclaim Employment Support Allowance.
  • If your employer has their own sickness scheme, and it is greater than SSP, then you cannot claim for SSP.
  • If you are hospitalised, then you still get SSP
  • Further advice - in the case of disputes etc relating to SSP - can be got here ............
    HM Revenue & Customs employee helpline 0845 302 1479
                                                                                                                   

 

 

 

 

 

 

 

 

 

 

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