Company has opted out of basic sick pay - what happens after 28 weeks?

kay159

My partner has been off work for 28 weeks. He wants to go back with adjustments but this is being blocked by the employer at the moment as they are waiting for a medical report from his doctor with regards to his diagnosis
The company handbook states the following
"As xxxxxx has opted out of SSP and the basic sick pay replaces SSP. The basic sick pay operates at
the same value and under the same rules as SSP. As the basic sick pay is a replacement for SSP you
will not receive any additional payment for SSP. It is open to all employees irrespective of service,
earning in excess of the minimum earnings requirement for National Insurance"
His wage slips show SSP each month. He has not been provided with form SSP1 to move over to ESA and as such will have no pay at all this month
My question is, as the employer opted out of SSP what does this mean? - can he then claim SSP when the company sick pay runs out (after 26 weeks) or has this replaced SSP and therefore SSP is no longer allowed. If SSP has been opted out of, why is SSP showing on his payslips. Its all very confusing and worrying at the moment
Thanks in advance

[Deleted User]

They can't opt out of paying SSP what you e written sounds like they're claiming SSP is occupational sick pay which would indeed last 28 weeks.
https://www.gov.uk/statutory-sick-pay

calcotti

If he was earning more than £116/week before becoming ill he is entitled to SSP for up to 28 weeks. As shel says employer cannot opt out and is required to issue an SSP1 to confirm that He is not or no longer entitled to SSP because it has run out. He can then claim ESA provided he has a Fit Note from GP confirming he is not fit to work and he meets the qualifying NI contribution requirements.