What is Statutory Sick Pay (SSP)?

Statutory Sick Pay (SSP) is a scheme that provides financial support to employees who are unable to work due to illness or injury. It is a legal requirement for employers to provide SSP to eligible employees who are off work sick for more than three consecutive days, including non-working days. The amount of SSP an employee is entitled to receive varies depending on their average weekly earnings, and it is paid by the employer.

The amount of SSP an employee is entitled to receive varies depending on their average weekly earnings. For the 2022-2023 tax year, the standard rate of SSP is £96.35 per week. However, this amount may increase each year, so it’s essential to check the current rate on the government’s website.

What is the Eligibility Criteria for Receiving SSP?

The employee must fulfill the following eligibility criteria to avail of the SSP.

1. Employment Status

To be eligible for SSP, an employee must be employed by an employer liable for SSP contributions. Meaning, the employer must be registered with HMRC and pay Class 1 National Insurance Contributions on the employee’s behalf.

2. Contract of Service or Apprenticeship

The employee must have a contract of service or apprenticeship with the employer. This includes full-time, part-time, temporary, and casual workers, as well as agency workers in addition to those on zero-hours contracts.

3. Incapacity for Work

The employee must be incapable of performing work due to sickness or injury. This means that they must be unable to carry out their normal job duties, or any alternative duties that their employer may offer.

4. Minimum Period of Incapacity

To qualify for SSP, the employee must be off work for at least three consecutive days, including non-working days. So, if the employee is off work for less than three days, they will not be eligible for SSP.

5. Evidence of Incapacity

The employee must provide appropriate evidence of their incapacity to their employer. This can include a doctor’s note or a hospital appointment letter. The employer may also request additional evidence, such as a fit note, to support the employee’s claim for SSP.

6. Earnings Threshold

To qualify for SSP, the employee must earn above the Lower Earnings Limit (LEL) for National Insurance contributions. The LEL is set by the government each year and changes annually. As for the 2022-2023 tax year, the LEL is £120 per week.

7. Employment Start Date

The employee must have started their employment with the employer at least 13 weeks before the start of the period of incapacity. Hence, if the employee has only recently started their job, they may not be eligible for SSP.

Other Important Points to Consider 

• SSP is paid by the employer and funded by the government.
• SSP is taxable and subject to NICs.
• SSP is not means-tested and is available to all eligible employees, regardless of their income level.
• SSP is not payable for the first three days of absence (waiting days), unless the employee has previously been off work sick within the last eight weeks.
• SSP is payable for a maximum of 28 weeks per year, after which the employee may be eligible for other forms of support, such as Employment and Support Allowance.

What are the Steps for  Claiming SSP?

To claim Statutory Sick Pay (SSP), you need to meet the eligibility requirements, provide appropriate evidence of your incapacity to work, and submit a SSP claim form to your employer. Your employer will then process your claim and pay you SSP for eligible periods of incapacity.

Here is a step-by-step guide to claiming SSP-

Step 1 – Fulfill the Eligibility Requirements 

You must be employed by an employer liable for SSP contributions, have a contract of service or apprenticeship, be incapable of performing work due to sickness or injury, be off work for at least three consecutive days, including non-working days, and earn above the Lower Earnings Limit (LEL) for National Insurance contributions.

Step 2 – Obtain Evidence of Incapacity 

You will need to provide your employer with appropriate evidence of your incapacity to work. This can include a doctor’s note, hospital appointment letter, or a fit note.

Step 3 – Complete a SSP Claim Form 

Your employer should provide you with a SSP claim form, which you’ll need to complete and submit. You’ll need to provide details of your incapacity, including the start and end dates of your period of incapacity, and any relevant medical information.

Step 4 – Submit Your SSP Claim Form 

Return your completed SSP claim form to your employer, along with any requested supporting evidence. Your employer may also require additional information, such as pay slips or a doctor’s certificate.

Step 5 – Wait for Your Employer’s Decision 

Your employer will review your claim and determine whether you are eligible for SSP. If your claim is accepted, your employer will pay you SSP for the eligible period of incapacity.

Step 6 – Receive SSP Payments 

If your claim is approved, you will receive SSP payments from your employer. SSP is paid at a fixed rate per week, and is subject to tax and National Insurance contributions.

It’s important to seek medical advice if you’re incapable of work due to sickness or injury. Your doctor can provide you with a fit note, which will be required to support your SSP claim. Additionally, keep in mind that SSP is only payable for a maximum of 28 weeks per year. After this point, you may be eligible for other forms of support, such as Employment and Support Allowance.

For How Long Will You Receive SSP?

The amount of SSP you receive is based on your average weekly earnings and is paid for a maximum of 28 weeks per year. This means that you can receive SSP for a maximum of 28 weeks per year, regardless of how long you are off work due to illness or injury.

If you have a linked period of incapacity, which means that you have a continuous period of sickness or injury that lasts for more than 4 days, you may be able to receive SSP for a further 28 weeks. 

That said, this additional 28 weeks of SSP will only be paid if you have not yet reached the 28-week limit for the year. In other words, you can receive a maximum of 28 weeks of SSP per year for each linked period of incapacity.

After you have reached the 28-week limit for SSP, you may be eligible for other forms of support, such as Employment and Support Allowance. This is a benefit that provides financial assistance to people who are unable to work due to illness or disability. To be eligible for Employment and Support Allowance, you will need to meet certain criteria, such as having a long-term illness or disability that affects your ability to work.

Grasp the Benefits of SSP

Statutory Sick Pay (SSP) provides essential financial support for employees who are unable to work due to illness or injury. It is a legal requisite for employers to offer SSP to eligible employees, and claiming it is a relatively straightforward process. Understanding how SSP works will help you obtain the support you are entitled to during periods of sickness absence.