Unable to work and cant get SSP

faymondo16

I currently have been off work since 23/7/2011 with a dislocated knee cap and torn ligaments. I'm contracted to do 8 hours a week (normally do an average of 20 hours a week as overtime) and have been told by my company I wont get SSP. They have sent me a SSP1 form. What benefits can I claim. I'm married and my husband works more than 24 hours a week, so I wouldn't be able to claim income related esa.

Any advice would be really helpful.

NASA_2

If you were earning more than £102 for the 8 weeks prior to being injured then you should get SSP.

paddedjohn

Who can get Statutory Sick Pay?


If you're working for an employer under a contract of service (even if you've only just started and you have done some work), you're entitled to Statutory Sick Pay (SSP) if the following apply:

• you're sick for at least four days in a row (including weekends and bank holidays and days that you do not normally work)
• you have average weekly earnings of at least £102 a week

Your average weekly earnings are worked out by using your earnings in the eight weeks before your sickness began. Please read 'SSP – how it's worked out and what days you'll be paid for' for more information about this.

• Statutory Sick Pay - how it's worked out and what days you'll be paid for

How to get Statutory Sick Pay


To get SSP you must:

• tell your employer that you are sick
• if asked by your employer, provide some form of medical evidence, from the eighth day of your illness

Please read 'SSP - telling your employer you are sick and providing evidence' for more information.

• Statutory Sick Pay - telling your employer you are sick and providing evidence

How much do you get?

The standard weekly rate for SSP is £81.60 a week.
Your employer will work out a daily rate of SSP if necessary. They will do this by dividing the weekly rate by the number of days you’d normally work in that week. For working out SSP a week runs from Sunday to Saturday.

How it's paid

SSP is usually paid on your normal payday in the same way as your normal earnings.
SSP is subject to tax and National Insurance contributions. If you only receive SSP your earnings may not be high enough to pay tax unless you get other payments on top of your SSP.

What happens if you can't get SSP or it ends?

If you cannot get SSP or SSP has ended your employer must fill in form SSP1 and give this to you. On the form, your employer must say why SSP has not been paid or why it is ending and the last date of payment.
Form SSP1 is used to support a claim for Employment and Support Allowance (ESA). It is important that your employer give this form to you as soon as possible. Without the information on the form a decision on your entitlement to ESA cannot be made which may delay payment.

There are two versions of the form, one you can print and then complete using a pen, or one you can complete online and then print.

• Download 'Statutory Sick Pay form SSP - print form to fill in with a pen' (PDF, 205K) Opens new window

• Download 'Statutory Sick Pay form SSP1 - complete form online and then print' (PDF, 204K) Opens new window

• Help with PDF files

• Employment and Support Allowance - introduction

MrsManda

If you're not eligible for income based ESA and have not got enough National Insurance contributions for Contribution Based I am not sure there is anything else you can claim.

Are you and your husband receiving any benefits income based benefits or tax credits? You may be able to get an increase in these while you are ill as your household income will have dropped. It really depends on how much your husband earns.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_175854

It may be worth putting in an application for ESA anyway as you'll receive National Insurance credits which go towards your state pension.
Plus when I applied I was surprised to find that they assessed my claim on years that I had actually paid N.I. contributions so I guess you never know until you put in a claim. - I initially filled out the paperwork just for my N.I. contributions as I knew I wouldn't get income based