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Statutory sick pay?? in The AnswerBank: Law
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Statutory sick pay??

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purple74 | 12:13 Fri 26th Feb 2010 | Law
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Hi if anyone can help with this i would be very grateful. I was diagnosed with cancer 1/3/09 due to daily treatment at hospital i could not work, i received company sick pay then ssp which ran out July 09. I wasnt elegible for employment and support allowance the new incapacity benefit as i receive a widows pension of £102 per week to support myself and my 10 year old - crazy. . However i managed beat the cancer and returned to work October 09 - on rehab hours but supported by my holiday ent i was officially doing all my hours. December i took a turn for the worse still carried on at work but ended but 2 1/2 weeks ago having quite a big op , i have damage from radiotherapy. Its pay day today and i havent received any ssp. I had read that after 8 weeks back at work your ssp kicks back in, is this correct? I just wondered if i am entitled to ssp again or not? i am obviously keen to return to work and have never had a long illness before but this op now takes a while to recover from and i've lost a lot of weight again so very weak. . . Any advice would be great, thankyou.
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hi there

I'm not quite sure why your SSP ran out in July during your first lot of treatment? SSP is payable for 28 weeks. 1/3 to end 7 is not 28 weeks but 22

Read through this to see if you qualify as there are forms your employer should be giving you if you don't
http://www.direct.gov...orinjured/DG_10018786
Question Author
I was poorly before the actual diagnosis was made/whilst having tests- so unable to work for about 2 months previously october to dec then returned to work in the jan. I did receive 28 weeks ssp. I have looked on that site but doesnt specifically answer my question. . thanks for your reply though x
1. You are right. If you have been back at work for 8 weeks you are no longer in the same period of incapacity for work, & SSP entitlement starts again.

2. Your employer must either pay you or give you an SSP1 form explaining why they think you are not entitled to SSP. If necessary, you should then dispute it with them.

3. I don't understand why you could not get ESA. Assuming you have been working & paying NI for a sufficient period (rules are a bit complex) you should have been entitled to contribution based ESA, which is not means tested. Do look into this as, if your employer refuses to pay you SSP you can use the SSP1 to claim ESA.
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Question Author
Thanks very much for your replies, really helpful. I will phone my boss Monday and have a chat with him about it! The ESA cause i dont pay much NI but a ridiculous amount of tax, i'm not entitled. I have the forms for DLA didnt claim before because my prognosis was good after cancer treatment but do regret it now. Feel guilty claiming it and my parents have been saying i should but don't want to claim if it's not appropriate for me, macmillan did say i should just find it difficult. Guess i need to bite the bullet. Thanks again
If you are in a union, check and see if they can offer any support. I know when my husband was off for 14 months we could have applied to Unison for help paying bills like rent/mortgage and council tax. Speak to your rep if you have one.

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