Eligibility for SSP

Rules covering the operation of the SSP scheme are set out by HM Revenue and Customs (HMRC). They describe the qualifying conditions, notification of sickness absence, evidence of sickness, the relationship between a Period of Incapacity for Work (PIW) and Waiting Days (WDs), days of incapacity before SSP becomes payable), Qualifying Days (QDs, days on which SSP is payable), employees who are not entitled to SSP and what happens when entitlement ends.

Not everyone in the workplace will qualify for SSP. To be eligible they must be an employee and unable to work because they are sick or disabled. Part-time workers, workers on a fixed-term contract and agency workers all qualify for SSP, but self-employed workers have to apply for Employment and Support Allowance (ESA) or Income Support Allowance (ISA) instead. More information on what types of worker are eligible can be accessed from the GOV.UK website .

There is an average weekly earnings threshold for SSP eligibility. From April 2015 workers must earn at least £112.00 a week. If they don’t, they cannot get SSP and should claim Employment and Support Allowance (ESA) (see below). If they were getting ESA within the last 12 weeks, they do not get SSP. If an employee is not eligible the employer should inform them with a copy of form SSP1 (or their own version of it) within seven days of their illness, giving details of their exclusion from SSP (this will be needed if ESA is going to be claimed).

Employers should pay SSP in the same way as they pay wages, and on the same day. However, SSP may not be payable immediately. To qualify for SSP the worker must be ill for a period of four or more calendar days in a row (including weekends and bank holidays), known as waiting days. SSP can only be claimed for days counted as “qualifying days”. These are usually the days normally worked (other days may be set as qualifying days in agreement with the employer if a standard week is not worked).

Periods of incapacity for work (PIWs) are “linked” and treated as one PIW if the gap between them is eight weeks (56 days) or less. So if a worker relying on SSP returns to work and falls ill again within that period, waiting days do not apply. Workers will not be eligible for SSP if they have a continuous series of linked periods that lasts more than three years, or are getting Statutory Maternity Pay, Statutory Adoption Pay or Additional Statutory Paternity Pay.

Entitlement to SSP covers any period of illness up to a maximum of 28 weeks, and is payable even if the worker is hospitalised. After that period the worker should be transferred to Employment and Support Allowance (ESA) if they are still off work through illness and meet the necessary contribution conditions for that benefit (see below). If they do not meet those conditions, they may be able to claim Income Support.

www.hmrc.gov.uk/manuals/spmmanual/spm10135.htm