SPM10130 - Statutory Sick Pay (SSP) - General Information
Qualifying Conditions for SSP
The qualifying conditions are laid down in sections 151 to 156 of the Social Security Contributions and Benefits Act (SSCBA) 1992 and sections 147 to 152 of the Social Security Contributions and Benefits (Northern Ireland) Act SSCB(NI)A 1992 and Schedule 11 of SSCBA 1992 and SSCB(NI)A 1992.
Section 151/147 (in NI). An employee who satisfies all of the following qualifying conditions is entitled to SSP from their employer. Section 152/148 (in NI). They must be unfit for work under their contract of employment due to physical or mental incapacity, or have been advised to refrain from work for precautionary or convalescent reasons. Or be a carrier of or have been in contact with an infectious or contagious disease and been issued with a statement from the appropriate medical officer advising them not to go to work.
The employee must have been incapable for work for at least four calendar days in a row. This is called a PIW. If PIWs are separated by a gap of eight weeks (56 days) or less they ‘link’, and are treated as one PIW. For more information on PIWs, see SPM10135.
Section 153/149 (in NI). Days of SSP must fall within a period of entitlement starting on the first day of incapacity. For more information on when a period of entitlement ends, see SPM10140.
Section 154/150 (in NI). The days of SSP must be QDs. There must be a contract of service (employment) or deemed contract of employment between an employee and an employer. The employee must not be disqualified due to pregnancy and must have done some work under their contract with the employer, even if they have worked only for a few minutes on their first day of work.
An employee must have at least one QD in each week that they are contracted to work. For more information on QDs, see SPM10140
Section 156/152 (in NI). They must have advised the employer that they are sick and unable to come to work within seven calendar days of the first day of incapacity, or in accordance with the company rules, but for limits on rules employers can apply, see SPM10405
Schedule 11 of SSCBA 1992 and SSCB(NI)A 1992.They must have AWE of not less than the LEL for NICs purposes, for the eight weeks prior to becoming sick. For details on how to calculate AWE, see SPM10610.
Continental shelf workers, agency workers, short-term contract workers, part-time workers, married women and widows paying reduced rate NICs can all get SSP if they satisfy the qualifying conditions.
Before 1 October 2006
SSP was only available to employees between the ages of 16 and 65 years at the start of a PIW or series of linked PIWs.
