SSP question - 28 weeks

*Rainbow*Warrior*

Please could someone clarify this for me? I've looked at the Gov.UK website but I'm still confused.

I've been off work sick for 3 months and been advised that my sick pay has run out. My employer looks at a rolling 12 month period and I was off sick last year as well so in the last rolling 12 month period I've been off probably about 6 months.

So do I now go to absolutely nil pay, or do I still qualify for SSP? I had a letter from the HR dept saying it would go to nil pay but I thought (wrongly?) that it meant my entitlement to employer sick pay had run out but I would still get ssp. Now I'm wondering if it means it has all run out, ssp as well.

The gov.uk site says you get ssp for up to 28 weeks but is that in a rolling 12 month period or in a tax year or what?

TELLIT01

SSP payments can link. If the previous period of sickness ended less than 8 weeks before your current absence it will be classed as a single period for SSP purposes. If it's over 8 weeks you will qualify for another 28 weeks.
If your SSP entitlement has ended your employer needs to provide a form SSP1 to indicate why it has ended. You can then claim ESA as long as you provide a 'fit note' from your GP.

*Rainbow*Warrior*

TELLIT01 wrote: »

SSP payments can link. If the previous period of sickness ended less than 8 weeks before your current absence it will be classed as a single period for SSP purposes. If it's over 8 weeks you will qualify for another 28 weeks.
If your SSP entitlement has ended your employer needs to provide a form SSP1 to indicate why it has ended. You can then claim ESA as long as you provide a 'fit note' from your GP.

Thanks, I'm still a bit confused. After the sickness last year I went back to work for just over 6 months before going off sick again this year, so the 2 sickness periods won't link up.

My employer uses a rolling 12 month period so they are linking the number of weeks I've been off and saying I've used up my entitlement to sick pay. I assumed I would still qualify for ssp but the gov website says that is only up to 28 weeks.

If I understand it correctly, ssp is being paid to my employer and they top it up to give me employer sick pay... so does that mean I've already had my 28 weeks of ssp? Is the 28 weeks entitlement to ssp in a rolling 12 month period?

I haven't received a form SSP1, just a letter.

Darksparkle

SSP isn't paid to your employer. It's paid by your employer to you.

You should be getting SSP for 28 weeks as this absence isn't linked to the previous one ( as more than 8 weeks between them).

Whether your employer pays contractual sick pay is entirely up to them and your contract.

*Rainbow*Warrior*

Darksparkle wrote: »

SSP isn't paid to your employer. It's paid by your employer to you.

You should be getting SSP for 28 weeks as this absence isn't linked to the previous one ( as more than 8 weeks between them).

Whether your employer pays contractual sick pay is entirely up to them and your contract.

I thought the employer claimed ssp on my behalf and then paid it on to me - topping it up to make up contractual sick pay. Is that wrong?

Sorry, I must sound really dim!

I've just re-read the letter from HR and it says I can ring them to request a SSP1 form.

Darksparkle

*Rainbow*Warrior* wrote: »

I thought the employer claimed ssp on my behalf and then paid it on to me - topping it up to make up contractual sick pay. Is that wrong?

Sorry, I must sound really dim!

I've just re-read the letter from HR and it says I can ring them to request a SSP1 form.

They used to but that stopped in 2014. Not all employers could either.

It's now your employer that pays SSP.

sheramber

https://www.gov.uk/statutory-sick-pay/what-youll-get

If you’re unhappy with a decision

Talk to your employer if you think:

their decision not to pay you SSP is wrong
you’re not getting the right amount of SSP

You can ask them for a reason. If this doesn’t sort the problem, contact the HM Revenue and Customs (HMRC) employees’ enquiry line.

HMRC employees’ enquiry line
Telephone: 0300 200 3500
Textphone: 0300 200 3212
Monday to Friday, 8am to 5pm
Find out about call charges

TELLIT01

If your employer provided the SSP1 showing the reason you are no longer entitled to SSP you will then be able to claim ESA /UC depending on where you live. Sheramber has detailed the actions you will need to take if you think your employer is wrong about your SSP entitlement.

*Rainbow*Warrior*

Thanks for all the help