statutory sick pay and temping

[london hippo]

hi

just wondered whether its ok to work while geting statutory sick pay from an employer and temping and the same time?

Are there any complications?

[Postdog]

The only pitfall I can see is that if you are fit enough to work, then why should your employer pay you sick pay?

Looking at the worst case scenario, if they found out, and you'd been paid for being off sick, technically you defrauded them which would give them grounds for dismissal.

[gammaray]

Technically it's fraud. SSP is a benefit paid by the government not your employer. (paid out by the employer and claimed back by them from the inland revenue office). It's different from their own sick pay scheme if such exists in your company and, as it's a stste benefit, claiming it when you are actually working is a criminal offence.

[IggyB]

you'll clearly get caught, as the temping office will pay into your account thus you will be taxed etc so the govt will know you are working and claiming the benefit of sick pay ... just get back to work

[THECORBYLOON]

It is entirely possible to get SSP from one employer whilst working for another. If the jobs are not similar it is possible that whatever yir incapacity is it does not prevent you from still working in the other job. If I worked as a driver for one employer and injured my legs I could claim SSP and still work at ASDA on the checkout for example. It is not a criminal offence.

[gammaray]

fraudulantly claiming a state benefit is a criminal offence.

[THECORBYLOON]

gammaray, SSP is not a State Benefit it is paid by an Employer and sometimes not all SSP can be reclaimed.What I said in ma previous answer is correct. I worked for years processing claims for Incapacity Benefit and then supervising the section. This meant having a knowledge of SSP so I do know what I'm talking about.

[gammaray]

It may well be paid by the employer but it's a benefit and can ALL be reclaimed back fom the IR You've obviously never run a business!

[THECORBYLOON]

gammaray I am having problems posting a reply so will have a go in two parts.

[THECORBYLOON]

I have never run a business but it seems you have. You have though incorrecty assumed that what may apply to you applies to all. I quote from the HMRC site-

[THECORBYLOON]

"Can I recover the SSP paid to my employees?

You may be able to recover some, or all, of the SSP you have paid. The Percentage Threshold Scheme (PTS) is designed to help employers who have a high proportion of their workforce sick at any one time so it is not restricted only to small businesses.

Unless you qualify under the PTS, you are not entitled to recover any of the SSP you pay to your employees."

the bold print is my emphasis.

I stand by what I said in ma previous answers and await yir response..

[fifi1962fifi]

HI Statutory sick pay - IS claimed back by the by the employer BUT only if the total SSP paid in the week/month is MORE than 11% of the total Employers NI contributions and Employees NI Contributions in the pay period. Therefore both people were correct after so many weeks (think its 26 not sure?) but the employer stops paying it and you have to claim from the DSS and then it becomes official

What you will have to watch is if you decide to work, whilst your employer is paying:- If your injured perhaps fatally in your other job, and you have 'death in service benefit' ie your family get 4 x your salary if you die - it probably won't be valid (don't know for sure). And obviously if someone sees you working....

[fifi1962fifi]

Should also say that - you are under a contract with your first employer for the times listed in your employment contract ie 9-5 monday to friday (or what ever yours are) this is how SSP is worked out originally. Out of these hours i would think your time is your own to do as you please and like someone has already sugested if the job is different, and the hours are different then its up to you

[THECORBYLOON]

fifi I was saying it is not always possible to reclaim SSP which you agree is correct whilst gammaray said it can ALL be claimed back so I do not agree with you saying we're both correct. gammaray may run a business but doesn't know what he/she is talking about.
I have often had to tell wages clerks they should be paying SSP to an employee when Incapacity Benefit has been claimed after SSP has been refused or not paid for the maximum 28 weeks.

[fifi1962fifi]

Hiya chuck - what i meant was if his business was only a small business and therefore his NI & NE in the pay period at 11% equated to less than the SSP paid out in the same month, then his payment to HMRC would be reduced by that amount in his contribution that same month on the 19th. I'll have a look at your last bit of the answer and come back to you - just doing the P11'd you got any idea were car tax for employers goes? - loz

[fifi1962fifi]

Corbyloon - Hiya, yes see your point....NO you can't claim all SSP back (strange that, my boss thought the same thing!) .In answer to your last part - One of the problems i have is - employees 'forget' to hand in their sick note when they have been sick for a few weeks, so i get intermitent sick dates...I have been informed by the DSS no sick note, then i'm not under obligation to continue the sick pay in that week, so it gets very confusing, and would imagine if you've got a lot of people on the sick it's mind blowing working it out..the 28 weeks (learn't something there - thought it was 26!!)

[gammaray]

corbyloon -I'm afraid YOU don't know what your'e talking about.... or perhaps the inland revenue don't...?? Your'e a civil servant - what the hell do you know about the real world...absolutely nothing!

[THECORBYLOON]

fifi I'm merely a Benefits Bod so I wouldn't attempt to gie advice on tax matters soz, have you a Tax helpline to contact? I know there are helplines in the Employers Guides to SSP (the title may be different now mind.)

Thanks for the confirmation about the recovery of SSP by the way.

[fifi1962fifi]

Oh come on guy don't scrap - Gammaray & Corbyloon

The equation is:- Employers NI + Employees NI x 11% = Percentage Threshold Scheme Amount.

Then, Percentage Threshold Scheme Amount - Amount of SSP paid in period = amount employers are able to claim back in the period (or deduct from their payment to HMRC)

What the original person has not worked out yet - if they do work for a second employer they will be deducted Tax at BR (this being a second employer and no P45) and that TAX could end up being more than the sick pay they are trying to keep as well!!!!

[THECORBYLOON]

gammaray if you'd like me to point out the factual errors in the first reply you gave I will do so.

As to my being a Civil Servant and knowing nothing of the real world, I have been involved with Benefits for more years than I care to mind on. I have dealt with hundreds of claimants face to face and on the 'phone.
I have processed applications for various Benefits and dealt with claimants over the �phone and face to face on a counter for months at a time.

AA and DLA helping folk complete their forms staing their problems in graphic detail.

Bereavement Benefits (formerly Widows Benefits) women widowed only days before in tears coping with the death of their husband and wee ones to care for.

[THECORBYLOON]

Child Benefit,-wee ones born to girls no more than a child themselves sometimes and their parents anxious about what to do.

Guardians Allowance both parents killed in a car accident and grandchildren to look after, Grandparents in floods of tears

Incapacity Benefit (used to be called Sickness Benefit and Invalidity Benefit) various illnesses and injurie

Income Support folk desperate for help there and then

Industrial Injuries Disablement Benefit-I have seen reports of the most horrific work-related injuries you care to imagine