Not entitled to SSP ???! ***!

ruby2 Member Posts: 423
Was off sick mid Feb (non arthritis related).

Received a form to say I was not entitled to SSP as '''''your average earning before illness/disability were not high enough'''' (not used up 28 weeks sickness or any thing) prob 10 sick days previously in past 5 years.

I rang HR as I disputed this.

Was told to go to local Jobcentre get forms fill them in (ESA 26 pages aprox)

If they would not pay me then HR would (I work for local Govt).

I got the forms...26 or so pages long as you all well know... I cant write my signature without payback the next day (this post has taken ages was infuriated).

Rang Tax Dept and my earnings are above LEL so the decision is wrong, although my pay has been deducted already by £280 in 1 month.

Tax are now investigating the council and their 'methods'.

I will certainly be taking it further ...any advice , tips etc welcome.

So far it has taken 20 mins..+ 20mins...+ 42 mins....+ 35 mins waiting in jobcentre for info....+ 15mins on HRMC call ...+ 30 mind finding the right payslips.....etc etc.

HR would not listen to my questions of ...'but I earn ..xx.. how can that be?.' they just had a script to say ...'go to the jobcentre..........'.

I could not have filled in the forms physically.
I was told I would be asked to attend interviews re suitability to work etc .

BUT I ALREADY WORK! what is going on?
It seems there is a lot of wasting time and money going on here.

I WORK ...I am not looking for a job.. I struggle to keep in the job but I DO!

I have not been off sick (sicknoted) for years.

Lots of you here are in the opposite boat .. you cannot work but are being put on these requirements to seek work etc.!!!! Why? You/We are poorly?

My working days are limited ... What kind of a system am I heading for?.

Hope this all reads OK ..I support and respect all of you here...its such a stupid system I have never had any experience of...How on earth have you all coped?

I thought staying in work for as long as I could would benefit me in the long run.

Seems all it will have done is cause more damage to my joints..Help!

Is it all just a delay? money saving thing by the council?


  • freesia
    freesia Member Posts: 409
    edited 30. Nov -1, 00:00
    From the DirectGov website...

    Who can get Statutory Sick Pay?

    If you're working for an employer under a contract of service (even if you've only just started and you have done some work), you're entitled to Statutory Sick Pay (SSP) if the following apply:

    •you're sick for at least four days in a row (including weekends and bank holidays and days that you do not normally work)
    •you have average weekly earnings of at least £107 a week

    Your average weekly earnings are worked out by using your earnings in the eight weeks before your sickness began.

    Hope this helps..
    hugs freesia x
  • ruby2
    ruby2 Member Posts: 423
    edited 30. Nov -1, 00:00
    Thank you Freesia
    I have had a little luck with things today.

    HMRC Statutory payment disputes team work it all out for you then challenge the employer. I am (according to HMRC) entitled to SSP, and should never have been asked to go to jobcentre to apply for ESA, as the calculation is simple and pay departments should be more than able to do it.

    If you are paid monthly, you take the 2 payslips before yor first day off sick, take the gross pay from each x by 2 and divide by 52 this gives the average weekly earning for the qualifying period.

    However the disputes team have so far been unable to speak to a member of staff from the pay roll dept. but will continue try to contact them to tell them to correct their error! :)

    Thanks for your reply again Freesia.
  • ruby2
    ruby2 Member Posts: 423
    edited 30. Nov -1, 00:00
    I agree Del... although it is a reasonable sized authority.
    It has happened to 4 people in school now, but I was the only one Who is above LEL.
    Wondering if it originates with the headteacher as I don't think she has a clue what hours I work.
  • ruby2
    ruby2 Member Posts: 423
    edited 30. Nov -1, 00:00

    Council have admitted their mistake in response to HMRC chasing them up.

    What a waste of my time when I least needed it.

    Waiting in queues ant DHss, hours on the phone.! appalling.

    I will be reimbursed, I asked when and was told in my next pay ....told yhem I will have it now thanks, cause them some inconvenience for a change,

  • ruby2
    ruby2 Member Posts: 423
    edited 30. Nov -1, 00:00
    Bumping up for Lubs.

    Hope it helps!

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