Sickness immediately after maternity leave

If a woman is too sick to return to work immediately after her SMP/MA ends, is there anything preventing her from claiming SSP without going back to work between the SMP/MA ending and the SSP starting? I read that SSP has a condition that you have to earn at least the lower earnings limits of NI in the 8 weeks before claiming SSP, so it’s possible that a woman’s SMP/MA was lower than the LEL due to them being calculated as a percentage of average pay - but I’m not sure if SMP/MA counts as earnings for the SSP eight week LEL rule?

I’d be interested in the answer to this too. I have a young lady who is terminally ill with a brain tumour who is just finishing her SMP. PIP has been applied for but I’m not sure if she will qualify for SSP or will need to claim ESA.

Any takers? 😊

I am reading on our system that if your sickness starts during the maternity period then you will not have an entitlement until that bout of sickness has ended and 8 weeks have passed since your maternity period ended. However if your sickness starts after your maternity period then the claim is immediately payable, contingent on earnings etc.

So client A gives birth, feels sick, tells her boss on the day before her 39 week MP is up - SSP is not payable. Client B gives birth, feels sick, tells her boss the morning of her first day back in work - full SSP is payable contingent on earnings calculations etc which its too late for me to try.

None of that is referenced and its not really my usual area so take it as you will.

Geep, I just spoke to a lady today whose Maternity pay finished in January and she is now on SSP as she has breast cancer, so it is possible if her earnings are at a high enough level. She notified her employer that she was sick as soon as her SMP finished

Anne

Thanks, both, for your replies 😊