What is Statutory Sick Pay?
Statutory Sick Pay is a benefit paid to some workers who are off work because they are sick. It can be paid for up to 28 weeks and if you qualify for Statutory Sick Pay your employer must pay it.
Who can get Statutory Sick Pay?
You can usually get Statutory Sick Pay if you work for an employer but take time off due to sickness or disability, and:
- Your contract of employment will last for more than three months, and
- You earn enough to pay National Insurance Contributions before stoppages. This is currently £90 a week (April 2008 to April 2009), and
- You have been off sick for four working days in a row.
Who can't get Statutory Sick Pay?
You can't usually get Statutory Sick Pay if:
- You are unemployed.
- You are self-employed.
- You are on a temporary contract of three months or less.
- You become ill within 57 days of receiving Incapacity Benefit or Severe Disablement Allowance.
- You have done no work yet under your contract.
- You became sick while you were on strike.
- You have a pregnancy related illness within six weeks before your baby is due or you are within certain weeks after childbirth.
- You fall ill outside the European Economic Area - this is the European Union and a few other countries. (Unless your company pays National Insurance contributions on your behalf when you work abroard. Get Advice)
- You are in legal custody.
How do I claim Statutory Sick Pay?
Tell your employer as soon as possible that you are sick and unable to work. Your employer may have special rules and procedures on this, for example: who you should contact and by what time. Make sure you know the procedures and follow them. They will probably be written into your contract if you have one.
Give proof of your illness to your employer if you are asked to. For instance, you may be asked to provide evidence of your sickness such as a self-certificate after four days or a doctor's note after seven days. You do not have to provide a doctor's note before the first seven days of your illness.
Your employer should then pay you Statutory Sick Pay in the same way your wages are paid.
Statutory Sick Pay and other benefits
If your income is low while you are on Statutory Sick Pay, you might be able to increase it by claiming other benefits, such as Income Support, Pension Credit, Jobseeker's Allowance, Housing Benefit or Council Tax Benefit.
You may qualify for Child Tax Credit if you have at least one dependant child.
You may qualify for Working Tax Credit for the first 28 weeks of Statutory Sick Pay if you were in full-time paid work before your Statutory Sick Pay started. You will only continue to receive Working Tax Credit after 28 weeks if your partner also qualifies for it. You may also qualify for Working Tax Credit as a disabled worker. This means you will get an extra payment called the disability element when you return to work.
Please note If you are getting Statutory Sick Pay and tax credits, you must tell the Inland Revenue Tax Credit Office if you are still sick after 28 weeks. This is because your tax credits may have to be adjusted or stopped. If you don't do this you might be overpaid.
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Date Reviewed:
21 April 2010