Directors Sick Pay

[ncjames7048]

Does anyone know what happens if a Company Director goes sick? Is he entitled to SSP? What if he is the only Director of the Company, is the Limited Company still allowed to trade if the Director is saying he is sick? Any info greatly appreciated - my ex husband who is only Director and Sole Shareholder of his own limited company who is also an employee, on the payroll, getting a payslip every week, from his own Company, has gone sick to avoid attachment of earnings order via CSA.

[redcrx]

is there a company secretary? are there other employees? If he is the only employee then the company could not trade and he may risk losing the company.

Could he manage on SSP? The CSA will still take monies from that as an income.

Is it really worth it just to avoid paying to bring up his children?

[Bev2007]

If it is a limited company there have to be at least 2 Directors (note the second director doesn't necessarily have any shares).
Yes he can get SSP as an employee.
The company can continue trading as there maybe other employees to actually do the work. If this is teh case and profit is being made then you could argue that he is accumulating a dividend payment that he could take out to pay you. Dont know how sympathetic CSA will be to this though?
If he is the only worker the company could become dormant, it doenst have to close down.

[redcrx]

apologies, i read the post incorrectly as if it was your current partner trying to find a way out of paying his ex. I hope the CSA get the money from him.

[camioneur]

Bev2007, sorry but you're wrong. I am the only director of a Ltd Co, the Co secretary is not a director and does not need to be!

[camioneur]

To answer your question, yes of course he can go off sick, he is an employee just the same as if he wasn't a director. Whether the company can continue to trade with the only director off sick is another matter altogether and will not affect things one way or the other. Be careful though, as the chances arer he's holding the purse strings of the company and might be telling you he's sick and continuing to pay himself anyway. Bit of a minefield you've stepped into I'm afraid!

[Bev2007]

Quite right Camion, I stand corrected.

I thought the Company Secretary had to be a director but he/she doesnt...

[camioneur]

Just had a thought, this director chap an quite lawfully remain on sick leave but can continue to pay himself Directors dividends which are taxable but do not incur NI contribs. These dividends would not show on a payslip so in theory, his earnings needn't be affected at all as far as he's concerned but would affect you greatly. Good luck!

[ncjames7048]

camioneur:- Thank you for this - you wont believe the nightmare situation I amin. Basically, he is lying cheating stealing git who has �600k worth of property, owned in sole name, and as you know is the only director and shareholder. Since a deductions to earnings was issed on him, he went sick. So still no money. I have a tribunal on FRIDAY 13th! of all dates, and am looking to firstly get an assessment on the rental income he has on 2 of his proporties(which, i may add, he has owned for 5 years and never admitted to the CSA) and secondly for them to look at his Directors account as he clearly receives money through there as per his accounts. The bigges problem I have is that CSA have alway assessed him as an EMPLOYEE only, as he ticked the box saying "Are you employed, if so send payslips" the point they missed is that on the payslips it clearly shows DIR1 - director code so they should have asked him for other income but didnt.

I have 2 questions - what is assessable with regard to the rental income he receives - i assume the mortgages come off but what about building insurance and endowments, and secondly - are the dirctors dividends assessable?

Help!

[camioneur]

I'm afraid that the finer points of your situation are not in my field of expertise but the point to remeber, and this relates to all your last questions is that these are Company profits you refer to, Comany mortgages and Company insurances and rental income. These are all expenses the company use in determining their tax etc but have no relation whatever to the pay an employee or director receives. He is still able to pay himself bonus's and dividends as a director, neither of which will show on a payslip, merely in the Company Accounts.