SSP and shielding - local restrictions/new lockdown

I can’t keep up!

Last I saw, you can’t get SSP if shielding as a vulnerable person.

Gov.uk now says:

You can also get SSP if both of the following apply:
• you live or work in an area with local restrictions in place, including advice to ‘shield’ (take extra precautions to reduce contact with others)
• you’ve been advised to shield because you’re at very high risk of severe illness from coronavirus

I can’t find the basis for this. Any and all help accepted gratefully.

but is there anywhere where both apply?

Just thinking as we are in firebreak but don’t have sheilding

All of Derbyshire is Tier 2, and then tomorrow of course….

Just to be clear - referring to ‘clinically extremely vulnerable’ people.

Acas say it here too - https://www.acas.org.uk/coronavirus/vulnerable-people-and-high-risk

The government’s advice is that anyone who is clinically extremely vulnerable should work from home if they can during the national lockdown in England (from 5 November 2020).

If they cannot work from home, the employer should talk to the person about:

taking up an alternative role that’s suitable and safe
not returning to work until it’s safe to do so
If they cannot work, they may be entitled to either:

Statutory Sick Pay (SSP)
Employment and Support Allowance (ESA)

The regs still contain provision for someone who has received a “shielding notification” (basically the letters many people got in April/May) to be entitled to SSP. The reason this wasn’t applicable recently was because no shielding notifications were being issued. Perhaps the government are intending to start them again though?

Many thanks, Charles.
Gov’t guidance says:
This guidance is for everyone in England who has been identified as clinically extremely vulnerable. If you are in this group, you will previously have received a letter from the NHS or from your GP telling you this. You may have been advised to shield in the past.

- couching it in the past tense….?

https://www.gov.uk/government/publications/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19/guidance-on-shielding-and-protecting-extremely-vulnerable-persons-from-covid-19

I found this discussion too, where once again Charles was helpful!
https://www.rightsnet.org.uk/forums/viewthread/16239

I echo post #3 by Sarah Batty –‘ I’m so confused on SSP’

Mind you, at the moment for me it’s ‘I’m so confused on [insert topic]’

That same guidance also says:
“The new information below includes additional guidance for clinically extremely vulnerable people, to help protect you from coronavirus (COVID-19). We will also write to you with a version of this guidance.”

That will probably be sufficient.

I should warn you by the way that the legislation has changed significantly since that thread you’ve linked to. The shielding provisions are now contained in Schedule 2 to the main SSP Regs. See here.

Thanks yet again.

I’m going for a lie down…..

Charles - 04 November 2020 11:55 AM

The regs still contain provision for someone who has received a “shielding notification” (basically the letters many people got in April/May) to be entitled to SSP. The reason this wasn’t applicable recently was because no shielding notifications were being issued. Perhaps the government are intending to start them again though?

Written answer yesterday, responding to a question about support for disabled people who might be required to shield again, says -

Those who receive a notification that they need to shield will remain eligible for Statutory Sick Pay (SSP) from their employer, and New Style Employment and Support Allowance, subject to the wider eligibility criteria. Where an individual’s income is reduced while off work sick and they require further financial support, for example where they are not eligible for SSP, they may be able to claim Universal Credit, depending on their personal circumstances.

Does that mean they should get a new notification??

I think they would have to. The regs say that you can only get SSP until the end date on the shielding notification, which has long passed for all the original notifications issued. The guidance quoted above also suggests the government will be sending out fresh letters.

However, it seems this time round there won’t be a formal requirement to shield - see point 9 in this article. (That won’t affect SSP entitlement, as the regs only require that you’ve been “advised” to shield.)

Daphne - 05 November 2020 12:33 PM

Does that mean they should get a new notification??

New notifications regarding shielding were received by email yesterday (4th November). Have no idea whether everybody will have got one yet.

It’s a long email, couple of extracts:

“Whilst this is not a return to the very restrictive shielding advice you may have followed earlier in the year, you are strongly advised to follow these extra precautionary shielding measures to help keep yourself safe. This remains advice, not the law.”

“This letter (sic) is a formal shielding notification and can act as evidence for your employer to show that you cannot work outside your home until 2 December, including for statutory sick pay (SSP) purposes.”

Then sets out the guidance here https://www.gov.uk/coronavirus

My head is hurting again - this is England only so won’t apply here?