IPP Question:
Paper versions of the form SSP1 - in a nutshell members have no problem downloading E-copies but in some cases need to obtain stocks of paper copies. Could you let us know where employers could obtain them please?
DWP answer
Paper versions of SSP1 and SMP1 can be ordered through iON via the DWP website (opens new window).
These forms are listed in the catalogue. When ordering these products we have been advised by iON that this needs to be done in writing or by sending a fax to them on headed paper. Do not use the iON order form. Employers can telephone the iON contact centre for more advice.
HMRC will be liaising with Jobcentre Plus to explore whether it would be possible for the SSP1 to be stocked by and ordered through HMRC Employer Orderline.
IPP Question:
Long Term Sickness and ESA - when the employee is on long tern sickness absence and they go into Incapacity Benefit (now Employment and Support Allowance) normally the employee would provide a sick note to the employer to ensure they still qualify for OSP and satisfy business policy. This is the case with the NHS. This ensures that the employee receives no more than the actual contractual entitlement. What some members are experiencing now is that since the SSP1 change and introduction of ESA is that some Doctors are saying that is illegal to produce a sick note in this circumstance as one is not required (probably because of ESA). Another member said that the GP concerned would provide a medical sick note if the employee/employer were willing to pay for it.
This is a worry as many organisations have policies in place which will now allow payment of OSP unless a Med 3 is produced by the employee. I know one is not necessarily required for payment of actual SSP.
DWP answer
The Statutory Sick Pay (Medical Evidence) Regulations 1985 prescribes the form of a statement to be issued by a doctor advising an employee about their incapacity for work.
Therefore where an employee has entitlement to SSP (or underlying entitlement to SSP where OSP is payable) an employer may require his employee to provide a doctor's statement.
The Social Security (Medical Evidence) Regulations 1976 prescribe the evidence that the person must provide for entitlement to benefit which depends on them being incapable of work. Where a person makes a claim to ESA they are required to provide evidence of their incapacity in the form of a doctor's statement as prescribed until they have been assessed on their capability for work through the Work Capability Assessment. Where a person is assessed as having limited capability for work their doctor is advised that they no longer need to provide any more sick notes to this person for benefit purposes.
This is analogous to the process that is followed for Incapacity Benefit.
Doctors are required to provide doctors’ statements for the above reasons free of charge.
Where a doctor's statement is not required for either SSP purposes or benefit purposes the doctor is within their rights to ask for payment for issuing a doctor's statement.
Healthcare-professional (opens new window) gives more information for doctors and healthcare professionals.
IPP question
Employment Support Allowance (ESA) and Occupational Sick Pay (OSP) - the introduction of ESA has an effect on the payments made by those companies who operate Occupational Sick Pay (OSP) as there are different rates for different individuals, and from member feedback it has come to light that DWP will not advise the employer of the rate/rates being paid. This is a serious problem for employers as before the introduction of ESA, when IB was in place employers automatically knew what the rate was and was then able to offset this against the OSP. This meant that the employee did not get paid more than they were contractually entitled to. So this has opened up a can of worms as follows:
Is it; and has it always been the responsibility of the employee to inform the employer if they are in receipt of state benefit such as IB and now ESA? Because if this is not the case and the employer is responsible, there should be a process in place to ensure that the employer is informed of the differing rates of ESA.
Following on from the above, best practice would be to have a process in place anyway. We say this because many employers have systems, practices and contractual policies which state to employees that any state benefit will be offset against OSP.
DWP answer
Section 149 of the Social Security Administration Act 1992 states ' Where the Secretary of State considers that it is reasonable for information held by him to be disclosed to an employer, for the purpose of enabling that employer to determine the duration of a period of entitlement under Part XI of the Contributions and Benefits Act 1992 in respect of that employee, or whether such a period exists, he may disclose the information to that employer.'
So, the only information that Jobcentre Plus can give the employer is that which would help the employer work out whether there is SSP entitlement for that employee, and its duration.
Jobcentre Plus cannot disclose the rate/rates of ESA that the employee receives. When an award of ESA is made or changed Jobcentre plus will issue an award notice to the customer. This will give details of the rate of benefit. As this award notice will (if appropriate) combine the standard contributory rates of ESA with any additional amounts awarded under the income-related provisions, the employee may not wish to show such a notice to his employer. Nevertheless this should not interfere with the employee's responsibility to tell the employer of any information the employer requires under the terms of his contract.
If an employee informs his employer that he is entitled to contributory Employment Support Allowance ESA( C ), they will be entitled to the following rates of contributory ESA:
During the assessment phase
The assessment phase rate is paid for the first 13 weeks of a claim while a decision is made on the person capability for work through the Work Capability Assessment. The current rates are:
Single person aged under 25: £45.95 per week (£50.95 from April 09 subject to Parliamentary approval
Single person aged 25 and over: £60.50 per week (£64.30 from April 09 subject to Parliamentary approval)
During the main phase
Starts from week 14 of the claim, if the Work Capability Assessment shows that the person's illness or disability does limit their ability to work. The current rates are:
Single person in the Work Related Activity Group: £84.50 (£89.80 from April 09 subject to Parliamentary approval)
Single person in the Support Group: £89.50 (£95.15 from April 09 subject to Parliamentary approval)
More information can be found on the Directgov website (opens new window)
IPP question
IB35 - staying with state benefit provision it has been brought to the Policy teams attention that there is such a form as the IB35. Can I ask is there such a form and if so what is its purpose? If the form did exist has this now been abolished? No form can be located on the web pages.
DWP answer
This is the letter that goes out to those customers who are not entitled to Incapacity Benefit.
IPP question
Will the new FMed3 clearly show that the number of day’s sickness are calendar days, or will it show working days?
DWP answer
DWP are still working on the changes to the form Med 3.Consultation on the new medical certification process will take place in Spring 2008.
