Furlough and SSP

iluvchocolate

I was furloughed until 31/7/20, then put on sick leave from 1/8/20 to current. SSP calculated on my furloughed wage, which leaves me £17 short to receive SSP. If it was calculated on normal wage and/or same period last year, I would be fully entitled to SSP. This seems extremely unfair, and surely I'm not the only person that has been caught in this loophole? Have tried everywhere for help eg SSP Dispute Line, CAB, local MP, HMRC etc etc. They either don't bother to reply, give conflicting information, or don't know the answer.
Would really appreciate the help if anyone works in this field that would know the answer, or if anyone else has been through this and know how to resolve it.
Thank you

Grumpy_chap

Why are you no longer on furlough?
This random web search result (so rely on it to whatever extent you think is sensible), suggests you could stay on furlough rather than SSP.  http://www.bevanbrittan.com/insights/articles/2020/coronavirus-job-retention-scheme-and-statutory-sick-pay-the-ever-changing-landscape-and-uncertainties-we-are-faced-with/ 

iluvchocolate

My employer stopped furlough on 31/7/20.

Grumpy_chap

It is my understanding that if you take annual leave while on furlough, then the annual leave has to be at normal (100%) pay not the 80% furlough rate.  It seems logicial, therefore, that if you are ill, that would be based on normal not furlough rate.  In the same way that you can't be on annual leave and furlough on the same date, you (surely) cannot be ill and on furlough.  That is just what I think, though, and not something I can substantiate with backing for you to take to your employer.  Maybe someone on here will work in HR and be able to advise?

Jeremy535897

The guidance is not helpful, as it simply looks at earnings in the 8 weeks up to the last pay date before sickness. Unlike the calculation of statutory holiday pay, there is nothing saying that an employer uses pre furlough rates of pay. The legislation is in regulation 19 of the Statutory Sick Pay (General) Regulations 1982. See:
https://www.gov.uk/guidance/statutory-sick-pay-manually-calculate-your-employees-payments

You should have received form SSP1, which may help with claiming benefits. See:
https://www.gov.uk/statutory-sick-pay/eligibility

iluvchocolate

Grumpy_chap said:

It is my understanding that if you take annual leave while on furlough, then the annual leave has to be at normal (100%) pay not the 80% furlough rate.  It seems logicial, therefore, that if you are ill, that would be based on normal not furlough rate.  In the same way that you can't be on annual leave and furlough on the same date, you (surely) cannot be ill and on furlough.  That is just what I think, though, and not something I can substantiate with backing for you to take to your employer.  Maybe someone on here will work in HR and be able to advise?

No I'm not ill and on furlough. That is why I am caught in this loophole - as I said, furloughed at 80% 1/4/20 to 31/7/20, sick leave 1/8/20 to current.

CocoM2020

Why are you on SSP? That may help people understand a bit better.