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Top Incapacity related benefits topic #1676

Subject: "employers failure to pay SSP" First topic | Last topic
claire hodgson
                              

Solicitor, Askews Solicitors, Thornaby, Stockton on Tees
Member since
17th May 2005

employers failure to pay SSP
Sat 16-Sep-06 05:57 AM

this may have been asked before - probably has - but a quick 'search' failed to find it.

client's employer fails to pay SSP and client has no income; does the DWP take a pro-active approach to employer if client claims benefit (IS) in consequence of having no income?

  

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Replies to this topic
RE: employers failure to pay SSP, penny newell, 18th Sep 2006, #1
RE: employers failure to pay SSP, Derekbell, 19th Sep 2006, #2
RE: employers failure to pay SSP, Saffron, 20th Sep 2006, #3
      RE: employers failure to pay SSP, claire hodgson, 27th Sep 2006, #4
RE: employers failure to pay SSP, Mick, 28th Sep 2006, #5

penny newell
                              

Freelance welfare rights consultant and trainer, Training Benefits, London
Member since
02nd Feb 2004

RE: employers failure to pay SSP
Mon 18-Sep-06 12:24 PM

The DWP should take an "active approach" - contact the employer and also pay the employee if no response. How swiftly they actually do this now I dont know I'm afraid.

There are sadly many employers who don't pay SSP but should.

The worst case I have come across was a doctor's surgery manager who told the reception staff at the surgery they weren't entitled to SSP and they were!

  

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Derekbell
                              

Welfare Benefits Officer, Scottish Borders Council
Member since
11th Feb 2004

RE: employers failure to pay SSP
Tue 19-Sep-06 03:51 PM

Sometimes you have to push the DWP to take action. I once had to really oush as they were not that keen and were refusing IB as SSP should have been paid, however, in they end they did contact employer and the SSP came through. I think they threaten to send the Inland Revenue in and that seems to do the trick!

  

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Saffron
                              

Welfare Rights Worker, Saffron Resource Centre, Leiecester
Member since
25th Apr 2006

RE: employers failure to pay SSP
Wed 20-Sep-06 12:37 PM

Or the client could take matters into her own hands and contact the Statutory Payments Disputes Team and Inland Revenue who will liase directly between employer and client. I think this is unlitmately where the DWP turn. In the few cases ive come across the ICB section were quite prompt in contacting the employer, but slower to chase the matter up.

So when I have similar cases i go straight to Inland revenue. Seems to me that it works and can be a quicker option. You can call them on 0115 9740000.

They will expect that the client has tried to resolve the matter themselves and dicussed it with their employer. They often want to know what reasons are cited in the SSP1 form by the employer for not paying.

  

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claire hodgson
                              

Solicitor, Askews Solicitors, Thornaby, Stockton on Tees
Member since
17th May 2005

RE: employers failure to pay SSP
Wed 27-Sep-06 12:55 PM

thank you very much, very helpful

  

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Mick
                              

IB New Claims Team Leader, JCP Bradford BDC
Member since
28th Sep 2006

RE: employers failure to pay SSP
Thu 28-Sep-06 07:06 PM

Cases like this are called 'SSP disputes'.

Since April 1999, responsibility for the operation of SSP(and SMP) has rested with HMRC (prev Inland Revenue) and not DWP/JCP.
If a customer contacts JCP about an SSP dispute, JCP procedure is quite clear- the customer is told to contact HMRC.
JCP should not get involved, as this is a dispute between the employee and the employer.

The only time when JCP gets 'involved', is if a customer actually makes an IB claim. When/if that happens, if JCP cannot establish SSP liability from the employer, a file is sent to the HMRC Statutory Paynments Team at Nottingham to resolve the dispute.
The IB claim will be decided, but payment will be suspended, until the HMRC makes a decision.

My experience of HMRC locally, is that they don't want to know- and send customer's back to JCP!.
The HMRC Statutory Payments Team at Nottingham deal with (I think) all SSP/SMP disputes nationally.

  

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