NHS sick pay - half-pay or half-pay plus SSP

notanewuser

[quote=[Deleted User];65012414]Thanks Chris. If I remember it was a case of sick for three months from June-Sep 2013, then she was back in work for few months. Then sick from Jan 2014 - June 2014 (when she started maternity). I remember she was told that half pay started in March 2014.

So I assume employer would have claimed SSP for June-Sep yet still paid her full pay and then would have been able to claim again starting Jan 2014 till June 2014 (since it was more than 8 weeks later).

Like I said from March 2014 she got half-pay but I thinks he should have got the SSP on top?[/QUOTE]
If you're sure of the dates then yes, she should.

getmore4less

A4C section 14 is very clear.

you get SSP + contractual sick pay up to a maximum of full pay.

the 2 payments have independent qualification rules.

The SSP should be done first(along with any other benefits payments related to the sick) then the contractual pay should be added following their rules.

14.8/9(a) also complicates the holiday calculations as Statutory holidays while sick do not carry over.

chrisbur

[quote=[Deleted User];65012414]Thanks Chris. If I remember it was a case of sick for three months from June-Sep 2013, then she was back in work for few months. Then sick from Jan 2014 - June 2014 (when she started maternity). I remember she was told that half pay started in March 2014.

So I assume employer would have claimed SSP for June-Sep yet still paid her full pay and then would have been able to claim again starting Jan 2014 till June 2014 (since it was more than 8 weeks later).

Like I said from March 2014 she got half-pay but I thinks he should have got the SSP on top?[/QUOTE]

Yes as you say SSP entitlement would have started again Jan 2014 assuming other rules for SSP are followed, so I believe you are correct that SSP should have been paid on top of half pay from March until SSP ran out.
Just to clarify you refer to the employer claiming SSP but in most cases there is nothing for the employer to claim, most SSP is paid for by the employer and they can only get some of it (very occasionally all of it) refunded under certain conditions, and this refund is due to end shortly.

getmore4less

chrisbur wrote: »

Yes as you say SSP entitlement would have started again Jan 2014 assuming other rules for SSP are followed, so I believe you are correct that SSP should have been paid on top of half pay from March until SSP ran out.
Just to clarify you refer to the employer claiming SSP but in most cases there is nothing for the employer to claim, most SSP is paid for by the employer and they can only get some of it (very occasionally all of it) refunded under certain conditions, and this refund is due to end shortly.

It's the other way round, SSP with 1/2 pay on top subject to conditions.

A bit pedantic but it can make a difference.

chrisbur

getmore4less wrote: »

It's the other way round, SSP with 1/2 pay on top subject to conditions.

A bit pedantic but it can make a difference.

You have really raised my curiosity here, what is the difference?

getmore4less

chrisbur wrote: »

You have really raised my curiosity here, what is the difference?

Payments that are sick related(SSP is just one of them) need to be totalled first, the contractual pay is a top up that cannot take total over the normal 100% pay so can be capped.

Lower paid workers could well find SSP + 50% salary is over 100% salary.

chrisbur

getmore4less wrote: »

Payments that are sick related(SSP is just one of them) need to be totalled first, the contractual pay is a top up that cannot take total over the normal 100% pay so can be capped.

Lower paid workers could well find SSP + 50% salary is over 100% salary.

The only reference to this from the NHS that I have seen so far says "The combined addition of statutory sick pay to half pay must not exceed full pay"
This suggests to me that it is the combined total that they will reduce if it goes over full pay and that their order of calculation is half pay first to which is added SSP.

getmore4less

chrisbur wrote: »

The only reference to this from the NHS that I have seen so far says "The combined addition of statutory sick pay to half pay must not exceed full pay"
This suggests to me that it is the combined total that they will reduce if it goes over full pay and that their order of calculation is half pay first to which is added SSP.

A4C
http://www.nhsemployers.org/SiteCollectionDocuments/AfC_tc_of_service_handbook_fb.pdf

my bold.
14.1

These arrangements are intended to supplement statutory sick pay to provide additional payment during absence due to illness


[STRIKE]14.17[/STRIKE] 14.7

Sick pay paid to an employee under this scheme when added to any statutory sickness, injuries or compensation benefits, including any allowances for adult or child dependants, must not exceed full pay

Mrs_Ryan

PHILANTHROPIST wrote: »

Hi Mrs Ryan. Again sorry to pry, and I am NOT ambulance chasing (bad pun anyhow when referring to an NNS employee) , but can you explain the nature of ur "sickness" absence. If you prefer PM me. I ask because I have recently helped a number of NHS staff on long term sick to get a longer period of fully paid sick pay. It's complicated, but based on ur reply, I could possibly offer some guidance.

I've already had 2 months further fully paid sick than I should have (yes they are aware, it isn't a mistake but I'm not at liberty to go into why this has happened) it's due to a disability is all I'm prepared to say anywhere. My payslips state I have received one week only of SSP but in the past I recieved (for example, these aren't real figures) 600 half pay and 300 SSP on top but my basic pay is 1200 meaning it's still less than full pay. I am at risk of dismissal at the moment but will get 3 months paid notice.

chrisbur

getmore4less wrote: »

A4C
http://www.nhsemployers.org/SiteCollectionDocuments/AfC_tc_of_service_handbook_fb.pdf

my bold.
14.1

These arrangements are intended to supplement statutory sick pay to provide additional payment during absence due to illness

14.17

Sick pay paid to an employee under this scheme when added to any statutory sickness, injuries or compensation benefits, including any allowances for adult or child dependants, must not exceed full pay

Still not convinced. We appear to have 14.8 sick pay added to SSP must not exceed full pay and 14.6 the addition of SSP to sick pay must not exceed full pay. It does look to me like full pay is the cap for payment and everyone will get some sort of additional payment unless their earnings are so low that they do not qualify for SSP.

As we have gone a bit off topic here I think we will have to just agree to disagree on this one.