DANSP36100 - Notices of decision: Wording of statutory payments decisions: Entitlement decisions

DANSP19100 provides information about the legislation that allows decisions to be made about any issue arising as to, or in connection with, entitlement relating to statutory payments. It also explains the type of cases where you may be required to issue such decisions.

The example below applies the legislative requirements and general principles described in DANSP29200 and DANSP29300.

A decision on statutory sick pay (SSP) should include both the employees entitlement and employers liability.

Examples of wording of a decision about an employee’s entitlement to SSP.

Example 1 - Employee entitled to SSP

Employee was working for ABC Limited and sick from 5 July 2021 to 14 July 2021 inclusive.

My decision is that:

Thomas Phillips is entitled to statutory sick pay amounting to £72.27 for the period from 5 July 2021 to 14 July 2021.

ABC Limited is liable to pay SSP of £72.27 for the 9 July 2021 to 14 July 2021.

Example 2 - Employee is not entitled to SSP

Employee was working for ABC Limited and sick from 6 July 2021 to 14 July 2021 inclusive.

My decision is that:

Thomas Phillips is not entitled to statutory sick pay for the period from 6 July 2021 to 14 July 2021.

ABC Limited are not liable to pay SSP for the period from 6 July 2021 to 14 July 2021.

Decision issued before it is known when entitlement ends

Where a decision is issued before it is known that entitlement to statutory payments has ended, for example, during a maternity, adoption or paternity pay period or a period of incapacity for work, do not issue an open ended decision. Instead, the decision should reflect that entitlement will continue until the maximum amount of statutory payments has been paid or the employee does not satisfy the qualifying conditions. The guidance in the DANSP includes decisions where the wording reflects this, see example 3 in DANSP36300.