Statutory Sick Pay Sickness Benefit -
How to Claim
[Updated Wed 2nd September 2015]
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 - the weekly rate is £88.45. That is a set rate for the
government's SSP - you cannot be paid less than that - or more.
There is a limit of 28 weeks in total. You will not receive SSP after you
have reached that limit. You will need to apply for ESA -
Employment Support Allowance.
It does not matter how much you are normally paid, SSP is set at that
figure. If your employer pays you less - or more by way of this sick pay,
they are breaking the law. It is possible that your employer has their own
sickness payment scheme in addition to or instead of the government's
scheme. If so, you should have been made aware of that at the time of your
employment, or in any updating of your conditions of work.
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 - Sickness Benefit -providing that you are eligible.
(Updated 2nd September 2015). You can also get
SSP if you are
on holiday from work.
First Three Days
You will not get paid SSP for the first three days of any sickness
period, unless you have already been claiming SSP at some other time in the
previous 8 weeks and you now find that you are sick again.
Not Eligible or SSP ending.
If for any reason you are not eligible for SSP, then you should be able
to apply for
Employment and Support Allowance.
This is also the case if you are still
sick after the 28 weeks SSP period. You will need the SSP1 form from your
employer to be able to do this. Be prepared if for instance you are in week
23 or week 24 and still expect to be off sick after the statutory 28 weeks.
You will not receive SSP
The conditions for being able to be paid SSP are quite
- You must be working for your employer with a
proper contract of service - contract of employment - and have
carried out some work. 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 will need to be
'sick' for 4 days or more.
tell your Employer that you are sick. There are time limits
and ways to do this, and these should have been in your contract
of service. If not then you must report your sickness within 7 days.
Inform your employee with a
statement of sickness form
- 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
- Your gross income for the previous 8 weeks,
will have to averaged £112.00 per week before deductions for tax. 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
- 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.
- If you are an agency worker, you are still entitled to SSP.
- 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 Sickness benefits
There are several
your SSP can be stopped by your employer.
How do I get SSP?
How to Claim 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. The SSP Sickness Benefit 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 2015 to 5th April 2016, the weekly rate of Statutory
Sick Pay (SSP sickness benefits) is set at £88.45. 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.
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 about how to claim
SSP 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.
You will get your SSP in your normal wages packet - either monthly
or weekly, depending upon how you are paid.
If you are only receiving SSP with no other earnings, then the will
not normally be any tax to be paid. However, if you receive other
earnings, then there may be a deduction of income tax and national
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 -
Support Allowance - at any time within 12 weeks of being sick,
they you will not get SSP. You can reclaim Employment Support
- If your employer has their own sickness
scheme, and it is greater than SSP, then you cannot claim for
- If you are hospitalised, then you still get
- Further advice - in the case of disputes etc.
relating to SSP - can be got here ............HM Revenue and Customs employee helpline 0845 302 1479
SSP Sickness Claim Form Copy.