Deductions from SSP

lu1922

Hi,
my employer paid me 4 days holiday which I was not entitled which I was also unaware of. Now I have been signed off work sick they have discovered the overpayment. they have told me they will be deducting all of my ssp until the full amount is recovered. can they do that?

thanks

marybelle01

lu1922 wrote: »

Hi,
my employer paid me 4 days holiday which I was not entitled which I was also unaware of. Now I have been signed off work sick they have discovered the overpayment. they have told me they will be deducting all of my ssp until the full amount is recovered. can they do that?

thanks

Sorry, yes they can. Theoretically. But why have they overpaid holiday? What exactly are they saying?

Horseunderwater

lu1922 wrote: »

Hi,
my employer paid me 4 days holiday which I was not entitled which I was also unaware of. Now I have been signed off work sick they have discovered the overpayment. they have told me they will be deducting all of my ssp until the full amount is recovered. can they do that?

thanks

Indeed they can. Technically you have already had your SSP up front, but you could ask them to spread it out longer if it will cause hardship if SSP is your only income. Are you likely to be off for some time? Never hurts to ask.

[Deleted User]

No they can't! SSP is a statutory payment, which means it is the minimum you should receive. You can only deduct tax and NICS from SSP. Also you continue to accrue holidays whilst off sick.

chrisbur

The employers' guide to SSP advises the following....
"Deductions from SSP
You treat SSP just like pay, so you must make deductions for PAYE and NICs. Any other deductions which you lawfully make from pay can also be made from SSP...."

This suggests that providing the deduction would be allowed from normal pay then it would be allowed from SSP.

marybelle01

Deleted_User wrote: »

No they can't! SSP is a statutory payment, which means it is the minimum you should receive. You can only deduct tax and NICS from SSP. Also you continue to accrue holidays whilst off sick.

Yes, actually, they can.

Being a statutory payment does not mean that it is a minimum payment! JSA is also a statutory payment, but that does not mean you are entitled to receive it - it can be reduced and sanctioned.