Statutory Sick Pay Guide for Employers (2011-2012)

Example - Weekly paid employee

This Sick Pay Guide is reference only. For the most up-to-date advice see the Statutory Sick Pay Guide for Employers (2012-2013)

Overview of the SSP Scheme

New from 6 April 2011

Abolition of Incapacity Benefit (IB) linking for employees who have previously received IB

Employees who have recently received Incapacity Benefit (IB) or Severe Disablement Allowance (SDA) will not be able to return to these benefits, if they become sick on or after 31 January 2011. This is because IB/SDA beneficiaries will start to be migrated onto ESA during 2011. To help with this process the linking rules – 8 and 104 week linking, for IB/SDA will be abolished from 31 January 2011.

What this will mean for employers?

There is no change to the qualifying conditions to SSP therefore a period of exclusion from SSP will still arise. This means that your employee is not entitled to SSP.

If you have an employee who has been in receipt of IB/SDA and would have qualified for this linking provision (they may have a linking letter from Jobcentre Plus to confirm this), do not pay SSP.

They may instead make a claim for Employment and Support Allowance (ESA). To help support their claim, you must give your employee form SSP1 – Why you cannot get SSP as soon as possible. Tick box ‘A’, indicating a previous claim to IB/SDA, as the reason why you cannot pay SSP.

Amendments to EU regulations for Cross Border Workers from 1 May 2010

Subject to conditions, UK employees working temporarily in other EU countries will retain membership of the UK’s social security scheme for a period of 24 months. SSP will be payable in the normal way.

Non UK based employers will be required to pay NICs for their employees who are based in the UK. This means that they will have to operate and pay any entitlement to SSP.

If you have an employee working in another EU country, you will be required to pay social security payments (equivalent to NICs) and pay any benefit payable under those schemes to your employee.’

Statutory Sick Pay Guide © Crown Copyright 2011

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