§ Earl Russellasked Her Majesty's Government:
Whether the Benefits Agency is bound to provide assistance to those claiming statutory sick pay who experience difficulty in obtaining Form SSP2 from their employers.
96WA
§ The Minister of State, Department of Social Security (Lord Mackay of Ardbrecknish)This is a matter for Mr. Michael Bichard, the Chief Executive of the Benefits Agency. He will write to the noble Earl.
Letter to Earl Russell from the Chief Executive of the Benefits Agency, Mr. Michael Bichard, dated 26 January 1995:
The Secretary of State for Social Security has asked me to reply to your recent parliamentary Question about the assistance provided to those claiming Statutory Sick Pay (SSP) who experience difficulty in obtaining Form SSP2 from their employers.
I understand from a further enquiry we made that you in fact refer to the SSP1.
Form SSP1 is the form which the employer is required to give to their employee if they are not entitled to receive SSP or when their SSP stops and they are still sick.
This form includes a claim form which the employee can use if they wish to claim Sickness Benefit or Invalidity Benefit from the Benefits Agency.
The employer is required by law to complete the form, and failure to provide an employee with the prescribed information is an offence. The Contributions Agency are responsible for ensuring that employers comply with the SSP legislation.
The Benefits Agency should assist the employee to obtain form SSP1 and refer the case to the Contributions Agency on behalf of the employee where it becomes clear that compliance should be enforced.
I hope you find this reply helpful.