SPM60345 – Disputes, Decisions, Reviews and Appeals - The formal decision

Evidence for SER

Whether the employer can recover 100% of SMP, SPP or SAP and NICs depends on whether they are classed as a small employer for SER purposes. For details of the rules determining who is a small employer for SER see SPM21300.

A small employer is one whose total Class 1 NICs including employee (primary) and employer (secondary) liability is at or below a set annual threshold. See SPM21305.

For details of the:


If the employer has been in business less than 12 months in the qualifying year, see SPM21320.

To calculate whether an employer is entitled to recover the Statutory Payment paid to their employees under SER the following evidence is needed:


  • EWC from the MATB1, or
  • MW from the Matching Certificate or SC3, or
  • ONW from the Official Notification, SC5 or SC6
  • the dates payment of SMP, SPP or SAP were made to the employee
  • the total Class 1 NICs (employer and employee) paid by the employer in the relevant tax year, not including Class 1A or Class 1B NICs.