Statutory Sick Pay (SSP) is a crucial benefit for employees in the UK, providing financial support when illness or injury prevents them from working. Despite its importance, many people are unclear about how SSP works, who qualifies for it, and how much they can expect to receive. This blog aims to demystify SSP, covering everything you need to know, from eligibility criteria to payment details and what to do if your claim is denied.
What is Statutory Sick Pay (SSP)?
Statutory Sick Pay (SSP) is a government-mandated benefit that employers must pay to eligible employees who are unable to work due to illness or injury. It is designed to provide a basic level of income to help workers manage financially while they recover. SSP is not a replacement for your full salary but rather a fixed amount set by the government.
Eligibility Criteria for SSP
To qualify for SSP, you must meet certain criteria:
1. Employment Status:
You must be an employee, which means you have a contract of employment. This includes part-time workers, temporary employees, and those on fixed-term contracts. However, self-employed individuals and freelancers are not eligible for SSP.
2. Earnings Threshold:
To qualify for SSP, you must earn at least £123 per week (before tax). If you earn less than this, you won’t be eligible for SSP, but you may be able to apply for other benefits such as Universal Credit or Employment and Support Allowance (ESA).
3. Length of Illness:
SSP is only paid if you are off work for at least four consecutive days, including weekends and bank holidays. These days are known as “qualifying days,” and SSP is only paid for qualifying days that you would normally have worked.
4. Notification of Illness:
You must inform your employer that you are ill. Most employers require notification on the first day of your absence, but the specific time frame can vary, so check your employment contract or employee handbook. If you don’t inform your employer within the specified time, you could lose your right to SSP.
How Much is SSP?
As of April 2024, the SSP rate is £109.40 per week. This amount is fixed, meaning that regardless of your normal earnings, you will receive this amount for each week you are eligible for SSP. SSP is paid by your employer in the same way as your usual wages, whether that’s weekly or monthly, and it is subject to tax and National Insurance contributions.
Duration of SSP Payments
SSP is payable for up to 28 weeks for a single period of illness. If you have multiple periods of illness, they can be linked if they occur within eight weeks of each other, allowing you to continue receiving SSP without starting the 28-week period over again. After 28 weeks, if you are still unable to work, you may be eligible for other benefits, such as Employment and Support Allowance (ESA).
How to Claim SSP
Claiming SSP is relatively straightforward, but it’s important to follow the correct procedure to ensure you receive your payments:
1. Inform Your Employer:
The first step is to inform your employer as soon as you realize you are too ill to work. Check your contract or employee handbook for the specific notification requirements. Typically, you need to inform your employer on the first day of your illness.
2. Provide Evidence of Your Illness:
For the first seven days of your illness, you can self-certify, meaning you do not need to provide a doctor’s note. After seven days, your employer may require a “fit note” (formerly known as a sick note) from your GP or healthcare provider. This note confirms that you are unfit to work and may include recommendations for adjustments if you are able to return to work under certain conditions.
3. Receive Your Payments:
If you are eligible, your employer will start paying SSP after the first three qualifying days of your illness. These first three days are often referred to as “waiting days” and are unpaid unless your employer has a policy to cover them. After this period, SSP will be paid in the same way as your regular wages.
What if Your Employer Refuses to Pay SSP?
If your employer refuses to pay SSP, they must provide you with a written explanation within seven days of your request. This explanation should detail the reasons for the refusal, such as not meeting the eligibility criteria. If you believe you are entitled to SSP and your employer has unfairly denied your claim, you have the right to challenge the decision.
1. Appeal to HM Revenue and Customs (HMRC):
You can contact HMRC for help if you believe you’ve been wrongly denied SSP. HMRC can investigate your claim and, if they agree that you are entitled to SSP, they will instruct your employer to make the payments.
2. Seek Legal Advice:
If the issue is not resolved through HMRC, you may want to seek legal advice. Employment law specialists can provide guidance on how to proceed, including taking your case to an employment tribunal if necessary.
Interaction Between SSP and Other Benefits
If you are receiving SSP and your illness continues beyond 28 weeks, or if you do not qualify for SSP, you may be eligible for other benefits:
1. Employment and Support Allowance (ESA):
ESA is a benefit for people who are unable to work due to illness or disability. If your SSP ends, you can apply for ESA to continue receiving financial support. The amount you receive depends on your circumstances, including your income and savings.
2. Universal Credit:
If your income is low, you may be able to claim Universal Credit in addition to SSP. Universal Credit is a means-tested benefit that provides financial support to those with low incomes or who are out of work.
3. Company Sick Pay:
Some employers offer a company sick pay scheme that provides more generous payments than SSP. This is usually outlined in your employment contract. If you are eligible for company sick pay, it will typically be paid first, and SSP may top it up once the company scheme is exhausted.
Returning to Work After Illness
Returning to work after a period of illness can be challenging, especially if your illness was prolonged or severe. Your employer is obligated to support your return to work and make reasonable adjustments if necessary. This could include:
- Phased Return: Gradually increasing your working hours over a period of time.
- Adjusted Duties: Modifying your job responsibilities to accommodate your health needs.
- Flexible Working: Allowing you to work from home or adjust your working hours temporarily.
It’s important to have an open conversation with your employer about your needs and any ongoing health concerns. Your GP can also provide advice and may include recommendations in your fit note.
Conclusion
Statutory Sick Pay (SSP) is a vital safety net for employees in the UK, ensuring that you have financial support if you’re unable to work due to illness. Understanding your eligibility, how to claim SSP, and what to do if your claim is denied are key to making sure you receive the benefits you’re entitled to. Remember that SSP is just one part of the support available to you, and if your illness persists or you need additional help, there are other benefits and resources you can access. Taking the time to understand SSP can help you navigate your rights as an employee and ensure that you’re protected during times of ill health.
