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Forum Home  →  Discussion  →  COVID-19: Welfare benefit rules and entitlements  →  Thread

SSP on ‘shielding’ till 30th June

SarahBatty
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Middlesbrough Citizens Advice Bureau

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Am I right that the SSP regulation allowing SSP on the grounds of ‘shielding’ of the extremely here follows the online Govt guidance.

http://www.legislation.gov.uk/uksi/2020/287/regulation/2

And the Govt guidance has been updated on 5th June to advise shielding until the 30th June

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

So this supersedes the previous guidance (on the letters to people) of ‘12 weeks’ - therefore SSP payable until 30th June at least

If it got to the 1st July and a person had a new reason to be off sick (ie their substantive health condition) they would not serve 3 waiting days because they have already been on SSP and it is a continuous period of sickness?

?

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Those shielding are entitled to SSP through this, so I think it requires a notification to be sent.

And I believe you are correct that they would not have to serve three waiting days if they continue to be entitled to SSP for another reason.

[ Edited: 18 Jun 2020 at 05:46 pm by Charles ]
SarahBatty
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So it would require a new notification sent to the individual person giving a new time period rather than 12 weeks?

I’ve advised a client just to send a link to the Guidance to the employer and argue that shielding lasts till 30th June, but also to get normal sicknote

SarahBatty
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Middlesbrough Citizens Advice Bureau

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I’m so confused on SSP

Charles
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Yes, I think it technically requires a new notification. Unless you argue the updated guidance qualifies as a notification?

I think it’s pretty likely the government intention is to allow SSP until 30th June, whatever the legislation says.

SarahBatty
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thanks Charles

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Charles - 18 June 2020 05:53 PM

Yes, I think it technically requires a new notification. Unless you argue the updated guidance qualifies as a notification?

I think it’s pretty likely the government intention is to allow SSP until 30th June, whatever the legislation says.

Completely agree with this. Unfortunately the wording of the legislation is confusing.
“b)has been advised, by notification sent to, or in respect of, that person in accordance with that guidance, to follow rigorously shielding measures for the period specified in the notification.”

I think the shielding party can seek to place reliance on “has been advised, by notification ......in respect of that person” and reference the current general guidance which currently refers to 30th June. That guidance is due to be revised shortly (which on current government practice probably means new guidance on the 29th or thereabouts).

An employer however may focus on the phrase “has been advised, by notification sent to ....that person”.

I suspect this is going to cause quite a bit of tension/friction between employers and extremely vulnerable employees over the next couple of weeks.