Why am i not entitled to ssp

martinsmum

I work part time hours 16-17 per week, I recently was taken ill at work (i had a breakdown) i self certified myself for a week and i am having to see the doctor on a weekly basis he has put me on antidepressants and has told me i am not fit for work. I received a note in my pay packet saying that i am not entitled to ssp as my average earnings are below the lower earnings level. I have looked into it on the internet and i have added up my wages for the last 8 weeks before my illness, and my average earnings are £106.00. and the LEL level is £102.00 can someone please advise me as i am very worked up about it and cant pay my bills Helen

LadyMissA

Have you asked your work for a breakdown as to how they got to the figure that is below the £102?

martinsmum

Not yet i have requested a form that they are required to give me giving a reason why. SSP1

Nicki

You can challenge the employers decision. Details are here, but basically you need to ask your employer for an explanation why they are not paying you, then if you can't come to an agreement, refer it to HMRC disputes section who will decide who is correct

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_178466

martinsmum

Thank you will do

chrisbur

There is sometimes confusion over the eight weeks that are used to work out SSP entitlement, the rules are...
Regulations define the ‘relevant period’ as the period between:


Date 1

the last normal payday before the first complete day of sick absence. This payday is Date 1 and isthe end of the ‘relevant period’, and


Date 2

the last normal payday falling not less than eight weeks before the payday at Date 1. Date 2 is theday after this payday and is the start of the ‘relevant period’.


You must include all the earnings paid on, or after, Date 2 up to and including those paid on Date 1.

If your employee has a contractual payday this is always the normal payday, even if you pay them early

So for weekly paid assuming you had a payment every week you need to take the last payment you had before your sickness and then the seven before that and divide by eight to get the weekly average.
Confusion sometimes happens with weekly pay if you are paid a week in arrears, this can mean that between going off sick and your SSP being due a payday has occured that should not be in the calculation and may in some cases be affected by an odd day or two off sick.

If you are unsure of the calculation then post up your date of sickness and the date you are usually paid and the last 9 gross wages.

martinsmum

my sickness began on 11/03/2012 on shift (left 2 hours early as not able to work) self certified from 12/03/2012 doctors note from 20/03/2012.

Last pay day before sickness 09/03/2012 wage £109.38
29/02/2012 wage£106.25
22/02/2012 wage£112.50
15/02/2012 wage £107.81
08/02/2012 wage £112.50
01/02/2012 wage £106.25
25/01/2012 wage £109.38
18/01/2012 wage £106.25
11/01/2012 wage £109.38
04/01/2012 wage(holiday pay) £135.94

the dates on the wage slips are the process day which is usually wednesday of each week pay day is friday. thank you

martinsmum

i am paid a week in arrears

chrisbur

martinsmum wrote: »

my sickness began on 11/03/2012 on shift (left 2 hours early as not able to work) self certified from 12/03/2012 doctors note from 20/03/2012.

Last pay day before sickness 09/03/2012 wage £109.38
29/02/2012 wage£106.25
22/02/2012 wage£112.50
15/02/2012 wage £107.81
08/02/2012 wage £112.50
01/02/2012 wage £106.25
25/01/2012 wage £109.38
18/01/2012 wage £106.25
11/01/2012 wage £109.38
04/01/2012 wage(holiday pay) £135.94

the dates on the wage slips are the process day which is usually wednesday of each week pay day is friday. thank you

From these figures you obviously have the required average, even if there was confusion due to the week in hand the average would still be over £102.
All I can think is someone is getting mixed up between earning the lower earnings limit and paying national insurance, or is looking at next years lower earnings limit.

So follow the advice of Nicki and best of luck.

martinsmum

Thank you. much appreciated