The Government has issued new guidance for employers seeking to reclaim Statutory Sick Pay (SSP) and has confirmed that the on line portal for applications will be available as from 26 May 2020. The guidance can be found here.

The scheme will be limited reclaiming SSP paid to employees unable to work either because they:

  • have coronavirus symptoms;
  • cannot work because they are self-isolating as they live with someone who has coronavirus symptoms; or
  • are categorised as clinically extremely vulnerable and have a letter from the NHS or a GP advising them to stay at home (this is referred to as ‘shielding’ and further guidance is available here.

Reimbursement of SSP from the Government will be limited to employers with fewer than 250 employees as at 28 February 2020 and a maximum of up to two weeks’ SSP may be claimed. Further any claim must be limited to periods of sickness on or after 13 March 2020 where the employee had coronavirus symptoms or was self-isolating (living with someone with symptoms), or on or after 16 April 2020 where an employee was shielding.

For employers who authorise an agent to complete their payroll services, the agent will be able to claim on the employers behalf.

The Government has also specified that employers must retain records for three years following receipt of payment for any SSP claim which suggests that companies may be put through an audit process over that period and if the entitlement was not properly paid, some repayment will be required.

The Employment team will continue to monitor and report on the situation as it develops. If you have any questions, please contact Elliot Francis, or any member of the Employment team.

To review our previous Covid-19 related updates, please click here.


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