SSP ended - What now ?

ruthyx

Hi there

Hoping you guys could give me some advice.

I have been receiving SSP which is about to run out (28 wks) and I am still not well enough to return to work. I understand that I could make a claim for DLA but we currently get WTC which my partner claims.
He works for an agency and could work anything from 10 to 40 hours per week so we really need the WTC as it is the only amount we are sure to get each month.
We have no kids and claim no other benefits.

What should I do? If I make a claim for DLA or a related benefit will we lose the WTC and be worse off?

Kindest regards

dmg24

You will need to claim ESA if you are not fit for work. DLA is for care and mobility needs.

Robbie64

Have you received a SSP1 claim pack from your employer? Your employer is supposed to send you a SSP1 claim pack for you to claim ESA (not DLA) when your entitlement to SSP is about to end. This pack explains what you need to do next.

A copy of the SSP1 can be found at http://www.dwp.gov.uk/advisers/claimforms/ssp1.pdf

Your employer is required to complete and send you this form by law.

cabbage

Hi to get WTC after SSP ends it will have to be based on your OH's hours. With no kids he will have to be over 25 years old and work 30 or more hours per week. Looks like he will slip in and out of the eligibility criteria based on his hours of work. Its possible to claim but you will need to be vigilant in telling WTC when he's not working 30 hours a week or more to avoid a huge overpayment at the end of the year.

By all means claim DLA, this should only increase the amount of benefit you are entitled to but won't have a bearing on your husband's eligibility for WTC

NASA_2

Robbie64 wrote: »

Have you received a SSP1 claim pack from your employer? Your employer is supposed to send you a SSP1 claim pack for you to claim ESA (not DLA) when your entitlement to SSP is about to end. This pack explains what you need to do next.

A copy of the SSP1 can be found at http://www.dwp.gov.uk/advisers/claimforms/ssp1.pdf

Your employer is required to complete and send you this form by law.

Robbie, I'm intrigued by your statement that employers are required by law to provide an SSP1 as I used to think this was true, I've since been told it is not a legal requirement.

Do you have a link to the legislation?

I would be much obliged as it would make things a bit easier when dealing with employers.

chrisbur

NASA wrote: »

Robbie, I'm intrigued by your statement that employers are required by law to provide an SSP1 as I used to think this was true, I've since been told it is not a legal requirement.

Do you have a link to the legislation?

I would be much obliged as it would make things a bit easier when dealing with employers.

If it is of any help the following is a link to the employers guide to SSP
http://www.hmrc.gov.uk/helpsheets/e14.pdf
On page 2 it says
"SSP1 Why I cannot pay SSP Employers must complete this form when an employee is not entitled to SSP, or when SSP has come to an end. Once completed, the form must be given to the employee immediately, as this will help to support a claim for a Social Security benefit. "

Page 7 advises that this form still needed even if company sick pay paid instead of SSP
"Even if you operate your own occupational or work based sick pay scheme you need to be aware that the provisions of the SSP Scheme still need to be taken into account when deciding when you need to give an employee form SSP1 "

Page 16 advises what to do when payment ends
"When does payment stop?
Employee returns to work for you
You usually stop paying SSP when your employee returns to work. You should work out if any SSP is still owing to them for days of sickness before they returned to work and pay it on their next normal payday.
Maximum 28 weeks’ entitlement paid
If your employee is still off when you have paid SSP for 28 weeks, fill in form SSP1 and send it to your employee without delay. Your employee will need to use form SSP1 to claim Incapacity Benefit (IB) or Employment and Support Allowance (ESA).
If you know in advance that your employee will continue to get SSP for the full 28 weeks, you should issue form SSP1 at the 23rd week to ensure there is a smooth change over to IB/ESA. "

Any payroll worker who has read this manual (and they all should have read it) should know that the SSP1 form has to be issued, possibly as early as 5 weeks before the SSP will end.
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NASA_2

I have seen the handbook before but I'd like to know if it is backed up by legislation.

Its always best practice to give an SSP1 but is it illegal not to give it out?

enabledebra

Yes, it's within regulation 15 of The Statutory Sick Pay (General) Regulations.

The current (as amended) version of the regulations can be accessed here

http://www.hmrc.gov.uk/nic_acts_2001/vol_02/sspsmpsi/sspsmpsi-03.htm#TopOfPage

NASA_2

enabledebra wrote: »

Yes, it's within regulation 15 of The Statutory Sick Pay (General) Regulations.

The current (as amended) version of the regulations can be accessed here

http://www.hmrc.gov.uk/nic_acts_2001/vol_02/sspsmpsi/sspsmpsi-03.htm#TopOfPage

Excellent, I'd been searching for this info a few weeks ago and couldnt locate it anywhere, many thanks.