SSP Eligibility

Understanding SSP eligibility helps you know whether you can claim and what to do if you're not entitled.

Basic Eligibility Requirements

You Must Be

To qualify for SSP, you must:

Requirement	Detail
Employee	Have employee status
Earn enough	At least £123/week (2024-25)
Be sick	4+ consecutive days
Notify employer	Within their deadline

Employee Status

SSP is for employees, which includes:

• Full-time employees
• Part-time employees
• Fixed-term contract workers
• Agency workers (in some cases)

Earnings Threshold

Lower Earnings Limit (LEL)

You must earn at least:

• £123 per week (2024-25 rate)
• Average over 8-week period
• Before tax and deductions
• Calculated at relevant date

How It's Calculated

Step	Process
Take last 8 weeks	Before you got sick
Total gross earnings	All pay from employer
Divide by 8	Get weekly average
Compare to LEL	Must be £123+

Variable Earnings

If earnings vary:

• Use average over 8 weeks
• Include overtime, commission
• Exclude one-off payments
• Calculate at relevant date

Period of Incapacity

Four-Day Minimum

You're only entitled if:

• Sick for 4 or more days in a row
• Days don't have to be working days
• Creates "period of incapacity for work" (PIW)
• Weekend counts towards 4 days

Linking Periods

Separate illnesses link if:

• 8 weeks or less apart
• Form one longer period
• Affects 28-week maximum
• Waiting days only apply once

Notification Requirements

Employer's Deadline

You must notify employer:

Aspect	Requirement
Deadline	Within employer's deadline
Default	7 days if not specified
Method	As employer requires
Information	That you're sick

If No Deadline Specified

If employer hasn't set deadline:

• Notify within 7 days
• Or as soon as reasonably practicable
• Keep evidence of notification

Who Cannot Claim SSP

Excluded Categories

You can't claim SSP if you're:

Category	Reason
Self-employed	Not an employee
Under LEL	Earn below £123/week
On maternity pay	Already receiving SMP
In custody	Legal custody
Outside EU/EEA	Working abroad
On strike	Industrial action

Already Exhausted SSP

Also excluded if:

• Used 28 weeks of SSP already
• Within same period of incapacity
• May need to claim benefits instead

New Employees

Special rules for:

• Starting work while already sick
• Not yet done any work
• May not qualify immediately

Agency Workers

When Entitled

Agency workers may get SSP if:

• Treated as employee for tax
• Meet earnings threshold
• Meet other conditions
• Employment relationship exists

Who Pays

Situation	Payer
Agency is employer	Agency pays SSP
Contract of service	That employer pays
Unclear	Seek advice

Part-Time Workers

Eligibility

Part-timers qualify if:

• Meet £123/week earnings threshold
• Otherwise meet all conditions
• Paid for qualifying days

SSP Amount

Days Worked	Qualifying Days	SSP Days
Mon-Fri	Mon-Fri	All 5
Mon, Wed, Fri	Mon, Wed, Fri	Those 3
Varies	Days usually worked	Those days

Zero-Hours Contracts

Can They Claim?

Zero-hours workers may qualify if:

• Meet earnings threshold (averaged)
• Have employee status
• Meet other conditions

Challenges

Issue	Consideration
Variable earnings	May fall below LEL
Employment status	Must be employee
Qualifying days	May be uncertain

Multiple Jobs

Claiming from Each

If you have multiple jobs:

• Can claim SSP from each employer
• Must meet conditions for each
• Each assessed separately
• Combine earnings if same employer

Pregnancy-Related Illness

Special Rules

Situation	SSP Position
Pregnancy-related illness before 36 weeks	Entitled to SSP
Pregnancy-related illness from 36 weeks	SMP may trigger instead
Still wants to work	Can choose SSP
Maternity leave started	No SSP (get SMP)

What If You Don't Qualify?

Alternative Support

If not eligible for SSP:

Option	Who For
Universal Credit	Below LEL or unemployed
Employment & Support Allowance	Some categories
Occupational sick pay	If employer offers
Contractual sick pay	Check contract

Form SSP1

Employer must give you SSP1 form if:

• You don't qualify for SSP
• Explains why
• Helps claim benefits
• Required within 7 days

Employer Disputes

If Employer Refuses SSP

Steps to take:

1. Ask for reason in writing
2. Check if reason is valid
3. Request SSP1 form
4. Contact HMRC if dispute

Common Invalid Refusals

Employers cannot refuse because:

• You're off frequently
• They don't want to pay
• No sick note yet (first 7 days)
• They don't have a policy

Evidence Requirements

First 7 Days

• Self-certificate sufficient
• Employer can require their form
• No medical evidence needed

After 7 Days

Day	Evidence Required
Days 1-7	Self-certification
Day 8+	Fit note from doctor

Employer's Evidence Policy

Employer can ask for:

• Their own absence form
• Fit note (after 7 days)
• Reasonable information

Cannot ask for:

• Diagnosis if not required
• GP note before day 8

Practical Steps

Checking Eligibility

Before claiming:

1. Confirm you're an employee
2. Calculate average earnings
3. Check you've been sick 4+ days
4. Review employer's policy
5. Notify within deadline

If Uncertain

• Ask employer for clarification
• Check your contract
• Contact ACAS for advice
• HMRC can determine disputes