Statutory Sick Pay (SSP): rates, eligibility and how it is paid
Quick answer: Statutory Sick Pay is the minimum amount your employer must pay if you are off sick for four or more days in a row.
Statutory Sick Pay is the minimum amount your employer must pay if you are off sick for four or more days in a row. It is a floor, not a cap — many employers pay more under their own contractual sick pay schemes. This guide covers the eligibility test, the current rate, the three 'waiting days', and what to do if you don't qualify.
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Primary source: https://www.gov.uk/statutory-sick-pay
Who qualifies
To qualify you must (a) be classed as an employee and have done some work for your employer; (b) earn at least the Lower Earnings Limit (LEL) on average over the relevant 8-week period before your sickness; and (c) be off sick for at least four consecutive days — including weekends and bank holidays — known as a 'period of incapacity for work' (PIW).
Agency workers, casual staff and zero-hours workers can qualify if they meet the same tests. Workers and self-employed people who are not employees do not qualify; nor do people whose average earnings fall below the LEL.
Tell your employer you are sick within the time limit they set (or within 7 days if they have not set one). They can ask for a 'fit note' from your GP or hospital after the first 7 calendar days off sick, but no earlier.
How long it is paid for
SSP starts from the fourth day of sickness in your PIW. The first three days are 'waiting days' and are not paid — unless your sickness 'links' with another PIW you've had in the previous 8 weeks, in which case waiting days do not need to be served again.
SSP is payable for up to 28 weeks in any single PIW (or in linked PIWs that fall within an overall 8-week window). After 28 weeks, your employer issues form SSP1 so you can claim other benefits (New Style ESA or Universal Credit).
SSP is taxable and counts as earnings for NI. It is paid by your employer through PAYE in the normal way.
Contractual sick pay — usually better than SSP
Many employers operate a contractual sick pay (CSP) scheme on top of SSP, typically paying full pay for a set period (e.g. 1, 3 or 6 months) and half pay afterwards. CSP can be more generous than SSP but cannot be less than it.
Check your contract or staff handbook. Length of CSP often depends on length of service. Some employers offset SSP within CSP — you do not receive both on top of each other.
If you don't qualify for SSP
Your employer should give you form SSP1 explaining why and the date your SSP would have started. Use it to claim New Style Employment and Support Allowance (contributory, based on NI record) or Universal Credit (means-tested).
If you are self-employed, SSP is not available. New Style ESA may be claimable if you have paid enough Class 2 NI, and Universal Credit fills in any income gap.
Personal Independence Payment (PIP) is a separate benefit for the extra cost of a long-term health condition or disability, not loss of earnings. It is paid in addition to other income.
Common questions
- Do weekends count as sick days?
- Yes. The four-day 'period of incapacity for work' counts every consecutive calendar day, including weekends and bank holidays. But SSP only becomes payable for the days you would normally work.
- Can my employer refuse to pay SSP?
- Only if you do not qualify under the statutory tests — for example you are below the Lower Earnings Limit, are self-employed, or have not been off long enough. They must give you form SSP1 explaining the decision so you can claim other support. Disputes can be referred to HMRC's Statutory Payments Disputes Team.
- Is SSP enough to live on?
- For most people, no. SSP at £118.75 a week is well below the National Living Wage equivalent for a normal working week. People with no other income may need Universal Credit on top, and Council Tax Reduction and Discretionary Housing Payments may also help.
- Can I be sacked while on SSP?
- Long-term absence can lead to dismissal on capability grounds, but employers must follow a fair process, get up-to-date medical evidence and consider reasonable adjustments under the Equality Act 2010. ACAS publishes free guidance and Early Conciliation is normally required before any tribunal claim.