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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

SSP and students

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Full time student doing a degree course, was also working 20+ hours p/w as a bar manager and earning in excess of LEL. He recently become ill but has not been paid any SSP. Is there any reason that also being a student would stop him getting SSP?

I can’t see anything in CPAG but there is a reference on gov.uk to students in receipt of PIP/DLA being able to get SSP which makes me wonder if those who aren’t can’t?

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Total Posts: 1366

Joined: 22 July 2013

Thanks John

I’ve looked through that but can’t see any reference to students there either- am I missing something?

KateSL
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Ripon CAB

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Billy,
If he is legally an employee and not a casual employee then he will be treated as such and if the students satisfies all the other criteria required for SSP i cannot see why they would be not be entitled.
Student Support Handbook 2013/2014 pg293 states “your entitlement to benefits depends on your age, how long you have been ill, whether you have paid any national insurance”.
I suggest he requests it from his employer and if refused appeal to HMRC,
Hope that has been helpful

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Thanks Kate.
Having looked into this further I think that the student bit is actually red herring, I was reading something into the gov.uk page beyond what it was saying. I think that the problem may actually lie with his zero hours contract and whether or not he is considered to be an employee.

John Birks
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Welfare Rights and Debt Advice - Stockport Council

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I can’t see him being a self employed bar manager.

The zero hours contract won’t affect him as long as the prior 8 weeks are above the rqd amount.

He should get an SSP1 by right - mind you having worked behind many bars many many years ago - it was frequent that the NINO would be a digit/letter out or that pay was deducted at BR because ‘they’ hadn’t sorted things out.