Can you claim backdated SSP if GP can provide sick note for that period?

007

Hi all, my wife has been acutely unwell since February, is it possible to claim backdated SSP if the GP can provide a sick/fit note to cover that period?

calcotti

I don’t understand the situation. Your wife has been unwell and off work but not provided Fit Notes? Has she been taking unpaid leave?

007

Thank you for your response.
I apologise for not clarifying.

My wife works as a nurse exclusively for an employment agency, meaning she only works when she accepts assignments.

She has been unable to work since February, even through the current illness started in November but her GP failed to refer her to the appropriate specialist in time and her illness is now acute.
For her agency to pay SSP she would have had to inform them and provide a sick/fit note which she overlooked at the time due to the severity of her symptoms.
 

So I was just wondering if she could get the GP to backdate her sick/fit note, which I’m sure she can because she was seeing the GP at least twice a week, is the employer legally bound to backdate SSP and for how long? Or is it at the employers discretion?

calcotti

I would be surprised if the agency has any obligation to pay her SSP if she didn't notify them she was ill but I think she should check the terms of her employment.

Unfortunately if she tells them now she may will not be entitled to any SSP because entitlement is based on average pay for the 8 weeks prior to the last normal payday prior to starting period of sickness.

However if employer confirms she is not entitled to SSP she may be able to claim new style ESA instead. New style ESA can be backdated for up to three months provided there are Fit notes for the period. She will only be entitled if she has a full NI record for the tax years 2018-19 and 2019-20.

Starting point is to get the backdated Fit Notes and speak to agency.

007

Many thanks for your very informative response. Will look into it right away.

Tori_Scope

Welcome to the community @007 I'm glad calcotti has been able to help you out. Please do keep us updated, and let us know if you have any further questions! 

I'm sorry to hear about your wife's ill health. Have you been coping okay? 

007

Many thanks. She has asked for clarification from her employer and got the following response.

“If you can provide us with a sick note for the period of time you have been unable to work we will be able to look into this further for you.

If you are not eligible we will be able to provide you with a SSP1 form which will allow you to claim directly from the government.”

So will wait and see how it goes.

007

@calcotti Response from employer

Good Morning,

 

Unfortunately you do not qualify for SSP through us, I have attached a letter explaining this more for you.

Also I have provided a SSP1 form so you are able to claim SSP directly from the government if you wish to do so.

 

Thanks,

007

calcotti

You cannot claim SSP from the government. If she has a complete NI record for the years 2018-19 and 2019-20 and is below state pension age she can claim new style ESA. You can backdate this for up to three months provided you have a Fit Note for the relevant period.
New Style Employment and Support Allowance - GOV.UK (www.gov.uk)

If you are claiming any means tested benefits the ESA will reduce the amount of means tested benefit payable so will not increase your overall income.

There is a benefits checker that can help you find what benefits may be relevant
DWP Benefits Checker: What could you claim? (shorthandstories.com)
You can use a benefits calculator to work out what is best for you as a couple Benefits calculators - GOV.UK (www.gov.uk)

It isn't necessarily correct that agency workers are not entitled to SSP.
Agency workers – what you need to know - Citizens Advice
However there is little point in debating this with the agency if she can claim ns-ESA.

007

@calcotti

Thank you so so much, all the information we desperately needed. Have made an online application for ns ESA and hopefully that will come through. We were receiving UC but the payments fluctuate as my income is not fixed, so hopefully ESA payments will be more stable allowing us to plan better.

calcotti

What will then happen is ESA will be paid as a fortnightly payment. It will be deducted from the UC.

If she hasn’t already done so she should TODAY also report a change of circumstances on the UC journal declaring her health problems and providing details of the Fit Note. If found to have Limited Capability for Work and Work Related Activity this will increase the UC entitlement in four months time.

There will be one Work Capability Assessment to inform both ESA and UC.

007

@calcotti

Really appreciate all your advice, have updated the UC account with new health condition and provided details of fitnote.
Also informed them of the pending ESA application.