Can I claim SSP from two employers?

mark1234567890

Hello,

I'm a care worker who looks after two elderly people in their own homes. I do 2.5 days with each patient every week. Last December I had to have eye surgery, and due to complications with the procedure I've been off work on statutory sick pay (SSP) ever since.

After the unsuccessful surgery I told each employer about my health situation. The agency for one of my patients put me on SSP straight away. The other employer told me that as I had already applied for SSP through my other job first I didn't need to apply for it again through them. Is this correct?

For each job I was earning around £550 per month before tax and other deductions. Am I therefore entitled to two lots of SSP (one from each 2.5-day job)?

I would call HMRC but it's Easter and they probably won't be open.

Thanks,

Mark

TELLIT01

My understanding is that you can potentially claim SSP from both employers assuming you meet the income requirement. Seems illogical that somebody with 2 part time jobs could receive more than a person in one full time job, but illogical doesn't mean it isn't the reality.

Masomnia

If you meet the conditions for both jobs then yes.

chrisbur

There is no application as such for SSP. Provided that you follow the sickness rules for your employer then they either pay SSP or advise you of the reason it is not being paid. Each employer acts independently and must decide if you qualify on the details of your employment with them; any other employment is irrelevant.
If you have not had an advice from this employer regarding SSP (usually on SSP1 form) then you can request one and this can then be queried with HMRC if you disagree with their decision.

mark1234567890

chrisbur wrote: »

There is no application as such for SSP. Provided that you follow the sickness rules for your employer then they either pay SSP or advise you of the reason it is not being paid. Each employer acts independently and must decide if you qualify on the details of your employment with them; any other employment is irrelevant.
If you have not had an advice from this employer regarding SSP (usually on SSP1 form) then you can request one and this can then be queried with HMRC if you disagree with their decision.

Thank you so much for replying. After my operation I went to both employers with my sick note and one employer told me to take it to the other one as they are a large company and it would be easier for them. They also said they think I can only claim from one employer.

Can this missing SSP be backdated from when I first went off sick in Dec 2018? I've just called the employer with the missing SSP to request an SSP1 from them.

TELLIT01

The second employer clearly doesn't understand that SSP can be claimed from more than one employer and I don't see any reason why they shouldn't backdate the SSP payment once they know there is entitlement. The problem you may have is getting duplicate medical certificates from the GP.

mark1234567890

I've just calculated my last eight weekly earnings in this second job. They are as follows:

1. £105.60
2. £130.06
3. £130.06
4. £130.06
5. £130.06
6. £117.87
7. £117.87
8. £117.87

All of these figures are before any tax/pension/NI deductions etc. According to my maths this gives a weekly average for the last 8 weeks of £122.43 in this job.

My problem is that I went off on the sick in the second week of December last year. It is now nearly the end of April. Have I left it too late?

Thank you for taking the time to help me with this over the Easter bank holiday. It really is much appreciated.

chrisbur

mark1234567890 wrote: »

I've just calculated my last eight weekly earnings in this second job. They are as follows:

1. £105.60
2. £130.06
3. £130.06
4. £130.06
5. £130.06
6. £117.87
7. £117.87
8. £117.87

All of these figures are before any tax/pension/NI deductions etc. According to my maths this gives a weekly average for the last 8 weeks of £122.43 in this job.

My problem is that I went off on the sick in the second week of December last year. It is now nearly the end of April. Have I left it too late?

Thank you for taking the time to help me with this over the Easter bank holiday. It really is much appreciated.

The earnings that need to be checked are the eight weeks ending with the last payday before your sickness began.
When you get the confirmation that they are not going to pay (or they refuse to give one ) you will need to contact HMRC
HMRC statutory payment dispute team
Telephone: 03000 560 630
Monday to Thursday, 8:30am to 5pm
Friday, 8:30am to 4:30pm

Savvy_Sue

TELLIT01 wrote: »

The problem you may have is getting duplicate medical certificates from the GP.

I did one of HMRC's webinars on SSP a month or so ago, and their view was that an employer ought to accept a photocopy of a Fit Note (which seemed 'interesting' to me), OR you could show the original to Employer 1, ask them to copy it for their records and return it to you, and then provide the original to Employer 2.

I've always made a copy before handing the original to my employer, although these days I would tend to scan it and email it to them (which they would accept).

I was unaware before this webinar that you could claim SSP from more than one employer, as long as you met the conditions for claiming it in each job: your minimum wages hitting the threshhold for the right period before the sickness, and being sick for long enough.

chrisbur

It is interesting how guidance on SSP has changed over the years. The GOV.UK website for example has this to say about medical certs (Fit notes)

"Fit notes and proof of sickness
Employees must give their employer a doctor’s ‘fit note’ (sometimes called a ‘sick note’) if they’ve been ill for more than 7 days in a row and have taken sick leave. This includes non-working days, such as weekends and bank holidays.

Employees can get a fit note from a GP or hospital doctor. If their employer agrees, a similar document can be provided by a physiotherapist, podiatrist or occupational therapist instead."

While the old employers guide to SSP had this about fir notes....

"Incapacity lasts more than seven days
If your employee is sick for more than seven days, you can ask them to give you some form of medical evidence or a fit note from their doctor to support payment of SSP.
As an employer, the decision on whether or not evidence of illness is required, and if so, what evidence is acceptable, ultimately rests with you.

You may also find that your employee gives you certificates from someone who is not a registered medical practitioner, such as:
• osteopaths
• chiropractors
• Christian Scientists
• herbalists
• acupuncturists.
You should consider such certificates on their own merits. It is for you to decide whether or not you accept this evidence. If you have any doubts you can still ask for a doctor’s fit note."

I do not know if rules have been changed or if it is just the GOV.UK site over-simplifying things.

Savvy_Sue

I find the last entries on that second list surprising. I could use stronger words but some might consider me impolite if I did so.

This is fascinating, from https://www.gov.uk/taking-sick-leave: Employers can take a copy of the fit note. The employee should keep the original. That would seem to support the idea that you can receive two sets of SSP, but I have to say that historically I would not have dreamed of offering a copy to my employer.

Looking at the employer's pages, it seems they have a wide range of discretion as to what evidence they require. And even: Record keeping
You do not need to keep records of SSP paid.

You can choose how you keep records of your employees’ sickness absence. HMRC may need to see these records if there’s a dispute over payment of SSP.

All I can say to that is that even though employers can no longer reclaim the cost of SSP from NI payments, it would be ill-advised NOT to keep records of what SSP you've paid out, unless you intend to pay it indefinitely / after the employee's entitlement to it runs out.

I know, I need to get out more ...