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:

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.