SPM60320 – Disputes, Decisions, Reviews and Appeals - The formal decision
DWP/SSA ask for a decision
DWP/SSA may need a decision on SMP or SSP entitlement before a
MA or IB claim can be resolved. They cannot pay MA if the employee
might be entitled to SMP or IB if the employee might be entitled to
SSP.
Acting on behalf of the Secretary of State, the Department
for Work and Pensions or the Department of Social Development
(DWP/SSA) will ask HMRC to make a decision on SSP or SMP
entitlement if:
- an employee tries to claim IB or MA and they think that the employer should have paid SSP/SMP, or
- there is some doubt about:
- the amount of SSP or SMP the employer has paid, or
- the period of entitlement.
These cases will be referred to the Statutory Payments Disputes
Team, as Benefit Involved files.
When the dispute team receive a Benefit Involved file asking
for a decision on SSP or SMP entitlement, they check that:
- the application has come to the right office
- there is a question to answer
- There is no time limit for DWP (SoS) or SSA who require the decision to determine a claim for a state benefit. The time limit to request a decision only applies to employees.
A file is set up using the normal workload category for SSP or
SMP enquiries.
A formal decision should always be given if requested by the
Secretary of State DWP/SSA.
