Employer pays SSP beyond 28 weeks

livt1

Hi there,

I have a sticky question... I had pretty serious accident at work some time ago and since then I've received SSP from my employer. The thing is that 28 weeks have passed and my employer apparently lost track of it and still pays me my SSP.
Can I keep getting it? And what happens when he realizes that he's been paying beyond the 28 weeks? Can they demand a return of what was overpaid?

pmlindyloo

livt1 wrote: »

Hi there,

I have a sticky question... I had pretty serious accident at work some time ago and since then I've received SSP from my employer. The thing is that 28 weeks have passed and my employer apparently lost track of it and still pays me my SSP.
Can I keep getting it? And what happens when he realizes that he's been paying beyond the 28 weeks? Can they demand a return of what was overpaid?

Your employer can ask for the overpayment back - since it is their mistake you can offer to repay it in instalments.

You need to speak to them asap so that they can complete a SSP1 form which would entitle you to claim ESA.

lakes17

It's possible that your company will continue paying it due to the fact it was an accident at work which is classed as industrial injury. You need to ask for a copy of company's Sickness scheme policy to determine if it is that.

pmlindyloo

lakes17 wrote: »

It's possible that tour company will continue paying it due to the fact it was an accident at work which is classed as industrial injury. You need to ask for a copy of company's Sickness scheme policy to determine if it is that.

Good thinking.

OP needs to check what is written on the pay slips.

Statutory sick pay can only be paid for 28 weeks.

Perhaps he/she is being paid contractual sick pay.

lakes17

pmlindyloo wrote: »

Good thinking.

OP needs to check what is written on the pay slips.

Statutory sick pay can only be paid for 28 weeks.

Perhaps he/she is being paid contractual sick pay.

I know where I use to work if someone was of sick as a result of an injury at work we would treat the absence as industrial injury and pay occupational sick pay for the duration of the absence regardless of what sick pay they're entitled to. Worth checking if it is that.

TELLIT01

pmlindyloo wrote: »

Good thinking.

OP needs to check what is written on the pay slips.

Statutory sick pay can only be paid for 28 weeks.

Perhaps he/she is being paid contractual sick pay.

That certainly seems to be the most likely answer. If you continue to receive company sick pay once SSP has ended it's unlikely that you would qualify for Income Related ESA but might, depending on your NI contributions, qualify for Contribution Based ESA. Certainly worth applying for. It won't pay for a world cruise but £72 per week is better in your pocket than government coffers if you are entitled to it.