Statutory Sick Pay (SSP)
Last updated September 2008
- What is it?
- Can I get it?
- When does SSP start?
- How much will I get?
- How do I claim?
- How is it paid
- What else should I know?
- What happens if my employer says I do not qualify?
- Important changes to form SSP1
- Employers: You can download form SSP1 - for employers to explain why they cannot pay SSP
- I am already getting it. What happens if:
- I go into hospital?
- I go to live abroad or to visit?
- I am part of a service family living abroad or visiting?
- More information
- Other help
What is it?
SSP is paid to employees who are unable to work because of sickness. SSP is paid by your employer for up to a maximum of 28 weeks.
SSP is not paid for specific illness or treatment but to all employees, who are incapable for work and who satisfy the conditions for payment.
Can I get it?
You must have worked for your employer under a contract of service. Even if it is your first day of work with a new employer and you become sick part way through the day you may be entitled to SSP.
To get SSP you must be:
- Sick for at least 4 or more days in a row (including weekends and bank holidays). This is known as a Period of Incapacity for Work.
- Earn, before tax and National Insurance an average of £90.00 a week. This is called the Lower Earnings Limit for National Insurance Contributions (NIC). The amount you need to earn is lower than the amount when you have to start paying NIC’s or would start paying if you were treated as an employed earner.
Your earnings are averaged, over an 8 week period before your sickness began. This period may vary slightly depending on whether you are paid weekly or monthly paid, or at other intervals. If you have just started your job the calculation may be different, contact your employer for more information.
If you answer YES to all the above, claim SSP
If you want to know how much you have to earn for NI purposes, go to the HM Revenue and Customs Website.
When does SSP start?
SSP is a daily payment and is usually paid for the days that you would normally work. The days that you would normally work are known as Qualifying Days (QDs)
SSP is not paid for the first three QDs, in any period of sickness unless it falls within a linking period. See - What else should I know for information about “Linking Periods”
How much will I get?
The standard weekly rate of SSP is £75.40 from 6 April 2008 to 5 April 2009.
Your employer will work out a daily rate of SSP by dividing the weekly rate by the number of qualifying days in that week. For SSP purposes the week always begins with a Sunday.
How do I claim?
Telling your employer you are sick
To get SSP, you should tell your employer that you are sick as soon as possible. You employer may have their own rules for when and how you tell them you are sick (please check with your employer).
However they cannot insist that you tell them:
- in person
- earlier than the first qualifying day or by a set time
- on a special form
- on a medical certificate
- more than once a week during your sickness
Your employer may not pay you SSP if you tell them you are sick more than 7 days after you first became sick.
Evidence that you are sick
Your employer will ask you for evidence that you are sick. This will usually be in the form of a sick note from your doctor.
But your employer cannot ask you to provide a sick note, for the first 7 days that you are sick. They may ask you to fill in a self-certificate of their own or form SC2 which you can get from your GP's surgery, or HM Revenue & Customs website.
How is it paid?
Your employer will pay SSP to you in the same way and at the same time as your normal wages.
What else should I know?
If you have more than one job you may be entitled to SSP from each employer.
Your employer cannot end your contract of service to avoid paying SSP.
If you are away from work because of trade union action, you will not get SSP.
If you are in legal custody, you will not get SSP.
Medical Evidence
It is up to your employer to decide whether you are incapable of work. A sick note from your doctor is strong evidence that you are sick and should normally be accepted, unless there is evidence to prove otherwise.
You could also provide a sick note from someone who is not a medical practitioner, e.g. a dentist. It is for your employer to accept such notes on their own merits. They will decide whether or not this evidence is acceptable. If your employer has any doubts, they may still ask for a note from your GP.
Linking
If you have been sick for two spells or more of at least 4 days in a row with 8 weeks or less between them, they will be counted as one Period of Incapacity for Work. This means that waiting days will not be served for the second period of sickness.
If you have been in receipt of Employment Support Allowance (ESA), within 12 weeks of being sick, you are not entitled to SSP because you can reclaim ESA.
If you have been in receipt of Incapacity Benefit (IB) or Severe Disablement Allowance (SDA) within 8 weeks of being sick, you are not entitled to SSP because you can reclaim IB or SDA.
Some people will also be entitled to reclaim ESA/IB or SDA if they are sick again within 104 weeks of a previous claim to benefit, and would not be entitled to SSP during this time. You will have received a linking letter from your Jobcentre Plus at the end of your previous claim, give this to your employer.
Agency Workers
From 27 October 2008 restrictions that prevented payment of SSP to Agency workers whose contracts are for 3 months of less have been removed.
SSP is payable to you in exactly the same was as it is payable to other employees, if you meet the qualifying conditions for payment. It remains payable while you are working on an assignment or are under contract with your agency.
Pregnancy
If you receive SSP for a pregnancy related illness at the start of or in the 4 weeks before your baby is due, SSP will stop and any entitlement to Statutory Maternity Pay (SMP) or Maternity Allowance (MA) will start automatically.
If you are entitled to SMP or MA, you cannot get SSP under any circumstances for 39 weeks starting with the day of entitlement to those payments.
If you are not entitled to SMP or MA, you cannot get SSP for a period of 18 weeks. For more information about this, please contact your employer or the HM Revenue & Customs employee helpline 0845 302 1479.
Occupational Sick Pay Schemes
Many employers have their own sick pay scheme. If your employer has a sick pay scheme, which is equal to, or more than SSP, they may have different rules for payment, which you must keep to receive payment.
If your employer operates their own sick pay scheme, you will still have an underlying entitlement to SSP for 28 weeks where the conditions for payment are satisfied.
If you are sick after 28 weeks of occupation sick pay, your employer must complete form SSP1 for you to claim Employment Support Allowance.
Other information:
The Employment and Support Allowance (ESA) will replace Incapacity Benefit for new customers only from 27 October 2008.
If SSP ends, claim:
- Employment and Support Allowance (this link will take you to the Directgov website)
- Incapacity Benefit (for claims on or before 26 October) (This link will take you to the Jobcentre Plus website)
What happens if my employer says I do not qualify or my SSP ends?
If you cannot get SSP or your SSP has ended ask your employer for form SSP1, which they must fill in and give to you. You will need to contact the Jobcentre Plus Contact Centre who will explain what you need to do with this form and how to claim or re-claim Employment Support Allowance (ESA)/ Incapacity Benefit (IB) or Severe Disablement Allowance (SDA). You will find the number in your local telephone book under Jobcentre Plus.
If you think your employer’s decision to not pay you SSP is wrong, or they did not pay when they should have done, or they paid too little and you cannot sort it out with your employer (they should give the reasons in writing), contact the HM Revenue & Customs employee helpline 0845 302 1479 for advice and information.
Important changes to form SSP1
Form SSP1 has been changed to reflect the introduction of Employment and Support Allowance (ESA) from 27 October 2008. The new version SSP1 (10/08) is easier to complete, as information about periods of sickness and the SSP paid are not required for claims to ESA.
This means that:
- where SSP has been paid and ends on or after 26 October 2008; or
- where there is no entitlement to SSP on or after 27 October 2008
the new version of form SSP1 (10/08) should be completed. However
- where SSP has been paid and comes to an end on or before 25 October 2008; or
- where there is no entitlement to SSP on or before 26 October 2008
the old version SSP1 (04/07) must be used.
This is because employees will still come under the IB regime which still require information about sickness and paid SSP.
Employers: You can download a Statutory Sick Pay Form - for employers to explain why they cannot pay SSP
For details on how to administer and pay SSP, visit the HM Revenue & Customs website at: www.hmrc.gov.uk/employers/employee_sick.htm
You can download the old and the new versions of form SSP1 in PDF. The forms do not apply in Northern Ireland. Please complete and return the appropriate form as soon as possible as your claim will depend on the date we receive a completed claim form.
- We recommend that you save the relevant file to your computer hard disk, CD or another form of transportable media before printing it.
- To save a copy of the relevant file to disk right click with your mouse on the appropriate form link below and choose the 'Save Target As' option.
- SSP1 (04/07) (88KB)
- SSP1 (10/08) (228KB)
NOTE: See the Important changes to form SSP1 section above to check which verison of the form you should use.
- SSP1 (04/07) (88KB)
There is also a version of the SSP1 (10/08) (223KB) that can be completed on-line and then printed. Please note this version cannot be saved on-line and must be printed before exiting.
The forms come with notes that will help you fill them in the form and tell you what to do.
Please contact the eService Helpdesk if you are having technical difficulties:
- downloading the form
- printing a hard copy
I am already getting it. What happens if:
I go into hospital?
SSP is not affected however long you are in hospital.
I go to live abroad or to visit?
If you work abroad you may be able to get SSP if your employer is liable to pay NI contributions for you. If you go abroad to visit, SSP can still be paid provided you can prove you are still sick. Most other benefits are affected if you are going abroad. You can get more information about certain countries through this site.
I am part of a service family living abroad or visiting?
Serving members of the Armed Forces cannot get SSP, but members of their families may be able to get it. See above.
More information
You can get information about SSP from the HM Revenue and Customs employee helpline, 0845 302 1479.
If you are an employer, get in touch with your local HM Revenue and Customs NI Contributions office for more information or phone the Employers Helpline on 0845 7 143 143.
HM Revenue & Customs website: www.hmrc.gov.uk
Other help
- Employment and Support Allowance (this link will take you to the Directgov website)
- Income Support (this link will take you to the Jobcentre Plus website)
- Housing Benefit
- Council Tax Benefit
Remember that this website is only a general guide to benefits and schemes and is not a full and authoritative statement of the law. We have made every effort to ensure that the information on this website is correct at the date shown at the top of this page. However, changes in the law may make the website become gradually less accurate.