Can't get my head round this one. Client (suffering from cancer) is off sick & recieving SSP (and contratual sick pay). Is now to return to work but only 9 hours per week due to state of health. Employers have said SSP/sick pay will then cease. Should client claim IB? Or should she continue to recieve SSP?

What reason has the employer given for not paying SSP? There are other criteria to be considered. Has the client been off sick for four or more days in a row? Does the client earn an average of £82 weekly before tax and NI (calculation of average wage could be complicated if client has returned to work after period of SSP). Has the period of entitlement to SSP (28 weeks) run out?

Hi, also need to watch out if enquirer is working and claiming Incapacity Benefit, it needs to be permitted work. See page 938 CPAG.

Yes- work proposed would fit into permitted work higher limits under 26 week criteria. SSP has been paid for past 2 months so plenty of time to run on it yet. Not certain yet of employers reasons for stating will cease when client returns for 9 hours per week. My thinking is that she is still incapable of work (in that she is not well enough to perform the usual duties or hours of work in her contract) and on that basis she remains entitled to SSP- but I keep feeling I'm missing something...

SSP and contractual SP will and should cease upon his return to work. He is either too ill to work or well enough to do some work in which case his options are WTC/CTC, if applicable.

You have to be working at least 16 hours to get WTC. There is no reason why he can not get IB under the permitted work rules though.

I think the issue with SSP is that it is effectively up to the employer to determine whether they accept their employee's incapacity for work (subject to a right of appeal to HMRC I think). However, it may be that he is incapable of work for SSP purposes on the days between his employment - creating a series of linked periods of incapacity for work. This would mean he would probably get less than £68.20 per week SSP but it would mean he could get a longer period of permitted work as the 6 months would not start until he claimed IB (not SSP). This would require the co-operation of his employers though.

If his earnings are low enough, he could claim IS as a disabled worker if they won't accept him as incapable of work.