SSP Entitlement

miracleboy

Hello all. I have a question about SSP and the minimum eligibility requirements. I have tried to find the answer online without much luck.


The Government guidance says that to qualify, your average weekly income must be at least £118.


Now the company I worked for was a 15 hour contract, with an hourly rate of £8.50 - so my average weekly earnings were around £127.



I was signed off for a four week period following a week of self certification, so as far as I can tell I should be eligible for four weeks of SSP at £94.25 a week.


The company have refused my claim that I should be paid SSP on the basis that I didn't earn enough to qualify. Now they may be going on the net earnings, but I thought it was the gross earnings.


In addition, this was my second job - so if the average weekly earnings was my total weekly earnings from both jobs, then I would easily qualify.


Do you think I should go back to the company and question them about this? There is a potential I have lost £377 in earnings/benefits.


Many thanks

Icequeen99

yes, you should ask them to explain. The relevant earnings are those which class 1 NI contributions are payable on.

https://www.gov.uk/guidance/statutory-sick-pay-manually-calculate-your-employees-payments

IQ

Caz3121

miracleboy wrote: »

Now the company I worked for was a 15 hour contract, with an hourly rate of £8.50 - so my average weekly earnings were around £127.

In addition, this was my second job - so if the average weekly earnings was my total weekly earnings from both jobs, then I would easily qualify.

for SSP I believe they use the average income for the 8 weeks before you go off sick...are you able to work that out from payslips?
is the other job paying sick pay/SSP?

miracleboy

The other job were kind enough to pay me in full for the period in question. Unlike the second job, who try and avoid paying anything.


So I will reply to their letter with these details and see what they say. The final payslip they sent with the letter was complicated to say the least. It stated I had earned a certain amount that period, but then had all sorts of strange adjustments until it worked out they owed me nothing! :mad:

miracleboy

Just to update, the company have come back saying they don't have to pay it because the average earnings with them fall below the qualifying amount and my other earnings aren't relevant. They have quoted the following to support their case, but it doesn't explicitly - the problem is I can't find a definitive answer.

What you'll get

You can get £94.25 a week Statutory Sick Pay (SSP) for up to 28 weeks.
The days you’re off sick when you normally would have worked are called ‘qualifying days’. If you’re eligible, you’ll get SSP for all your qualifying days, except for the first 3. These are called ‘waiting days’.
You only get paid for waiting days if you’ve already received SSP within the last 8 weeks, and that included a 3-day waiting period.
If you have more than one job you may get SSP from each employer.

Mrsn

Logically if your earnings with that particular employer do not fit within the criteria then no they won’t pay up. Are the 15 hours consistent every week? Just wondering why they feel you haven’t earned enough based on the figures you’ve quoted

Caz3121

have you got the payslips for the 8 weeks before you went off? have you checked the average of those 8 weeks?

KatrinaWaves

I am a little confused as you keep talking about the 'two jobs together' and 'other earnings'

You have to be earning over the qualifying amount in EACH job to qualify for them both. If you do not qualify with one employer they do not have to pay you...

Either you earned £127 for the 8 weeks before you went off or not, forget any other jobs or earnings, focus on the one job that isnt paying up.

chrisbur

Have you been given an SSP1 form
(https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/778329/ssp1-print.pdf )
to advise that you do not qualify for SSP if not request one.
Use the following link to check if SSP is due to you if it is contact HMRC as advised on the SSP1
https://www.gov.uk/calculate-statutory-sick-pay

8904jo

Hi can anyone help with sick pay entitlement please.  I usually work 3 days per week but am now off sick.  Am I entitled to the full £98 or is it paid pro rata? Last week my boss paid the full entitlement but this week has paid only £57.51 (ie 3 days ssp)

calcotti

8904jo said:

Hi can anyone help with sick pay entitlement please.  I usually work 3 days per week but am now off sick.  Am I entitled to the full £98 or is it paid pro rata? Last week my boss paid the full entitlement but this week has paid only £57.51 (ie 3 days ssp)

It is better to start a new thread. Posting on a thread which is more than 12 months old is confusing.
If you are entitled to SSP it is £95.85/week regardless of how many days you normally work. Your first 3 days of work are not paid (unless it is coronavirus related).