SPM60215 - Disputes, Decisions,
Reviews and Appeals - The Dispute
Common disputes
Common disputes which may arise on liability to pay SSP, SMP,
SAP and SPP include:
- whether a person is, or was, an employee
or liable employer and the duration of their employment,
- whether two or more employers, or
contracts of service, should be treated as one, and
- whether an employee satisfies all of the
relevant qualifying conditions relating to entitlement,
including:
- qualifying week for SMP or SPP (birth) see
SPM20210
- matching week for SAP or SPP (adoption) see
SPM30210
- notification week for SAP or SPP for adoption from
abroad see
SPM30215
- medical evidence for SMP and SSP see
SPM10415 (SSP) or
SPM20505 (SMP)
- evidence of matching or official notification for
adoption for SAP see
SPM30505 (UK) or
SPM30510 (abroad)
- evidence of relationship with mother and baby or
adopter and child for SPP
SPM40335
- evidence of family commitment for SPP
SPM40335
- Average Weekly Earnings
SPM10600 for SSP;
SPM20800 for SMP;
SPM30800 for SAP; and
SPM40800 for SPP
- employed long enough
SPM20600 for SMP;
SPM30600 for SAP; and
SPM40600 for SPP.
- acceptable notice of absence and of payment start
date for SSP, SMP, SAP or SPP.
SPM10400 for SSP;
SPM20400 for SMP;
SPM30400 for SAP; and
SPM40400 for SPP.
There will be other questions which are not included in the
above. If it is not clear what the dispute is about, refer the
query to the Statutory Payments Dispute Team.
Disputes may also arise about the amount the employer is
entitled to deduct from their payments of NICs, or be paid from the
NI Fund in respect of Statutory Payments paid to their employees.
For example, disputes with the employer may arise about:
- whether they can recover SSP under PTS and if so
how much
- how much of their payments of SMP, SAP or SPP can
be recovered
- whether they are a small employer and entitled to
NICs compensation in respect of SMP, SAP or SPP payments
- whether they are within the time limits to recover
any of the Statutory Payments they have paid.
- the recovery of Statutory Payments they have
paid.
