Terms & Conditions

[davo]

We have some confusion over what hours should be input when someone goes to ssp from working. at the moment we are told unless getting wtc/ctc we should amend the hours worked to 1. However zebedee is on about treating them as being in work for the first 26 weeks as zebedee 14.23.
dave

[lesleymain]

as I understand it if in receipt of SSP you are entitled to the ordinary earnings disregard but are not entitled to any additional hours disregard – hence the reason we always reduce working hours to 1 aswell

[Karen]

we treat SSP clmts as ‘in employment’ per Regulation 28 (now 35) and leave the hours as normal to allow them to receive their earnings disregard……. we ensure that these claims are then hightlighted for an intervention when the 6 month period is due up.

the reg states:

[b:7ae2577dd6][i:7ae2577dd6]”Subject to paragraph (2) “earnings” means in the case of employment as an employed earner, any remuneratioin or profit derived from that employment and includes –

(h) (i) any statutory sick pay [statutory maternity pay, statutory paternity pay or statutory adoption pay] “[/i:7ae2577dd6][/b:7ae2577dd6]

but I will stand to be corrected … for those that know the law inside out

[lesleymain]

Yes we treat them as employed – however Reg 6 (new regs) states that anyone absent due to maternity/sickness etc is not counted as being in remunerative work – therefore they wouldn’t qualify for any additional hours disregard (unless in receipt of WTC with the premium).

[i:f9dbeeb920][b:f9dbeeb920]”A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave, paternity leave or adoption leave, or is absent from work because he is ill”[/b:f9dbeeb920][/i:f9dbeeb920]

Of course as always with benefit there is an exception – where child care is in payment and continues to be then they can be counted as being in remunerative work (for the purposes of child care costs only) whilst on SSP or maternity.

[Author]

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