27.10.2008

Agency Workers and SSP

From today (27th October 2008), agency workers who have a contract or series of contracts for a period of three months or less will have - subject to meeting all the qualifying conditions - the same right to statutory sick pay (SSP) as other workers. Such agency workers will be able to receive SSP from day one of their contract or assignment.

The new entitlement will apply to any new period of incapacity for work (PIW) that starts on or after 27 October 2008.

It will not apply to a PIW on or after 27 October 2008 that is linked to a PIW before this date and which was disallowed because of the exclusion of agency workers from SSP.

The person required to pay National Insurance contributions, or would be required if workers' earnings were high enough, will be responsible for paying SSP directly to those who satisfy all the qualifying conditions for SSP.

You must pay any SSP due in the same way and at the same time as any wages due to the agency worker.

The standard SSP weekly rate of £74.50 in the 2008-2009 tax year will apply, regardless of that person's nationality or citizenship, if they have average earnings of £90 per week or more.

There are no changes in the qualifying rules themselves, which continue to apply.

You should note - and bring to the attention of agency workers newly eligible for SSP - that they should directly submit their claims to you and not apply to Jobcentre Plus for Employment and Support Allowance (ESA). ESA will replace Incapacity Benefit for all new claims made on or after 27 October 2008.