Confused about SMP/ Paternity Pay/ Sick pay in the NHS!

[TheDetective]

To give a brief summary. I had a baby Nov 2012. Maternity leave/pay commenced end of October 2012. Return to work was end of April 2013. 6 months leave, which was to be followed by DP taking 3 months additional paternity leave/pay.

I finished maternity leave, and DP commenced paternity leave. I didn't return to work - going straight on to sick leave (due to an injury from childbirth).

A letter I have received today informs me that 'we are unable to pay you Statutory Pay after 27th July 2013'. Letter goes on to include a form filled in (SSP1) for benefit.

Letter also says (in summary) that this is to ensure I don't receive more than full occupational sick pay, and my pay will be adjusted to take in to account any benefit I may be entitled to. It goes on to say if I am not entitled to a payment from Jobcentre Plus, they will refund any deductions from my salary.

I've sat here for several hours - spoke to pay roll, who now have themselves in a confused state - all because DP is taking the last 3 months of paternity leave.

If I have mis understood this letter, please let me know. The letter is basically saying I am going to get full occupational sick pay, but my work should be entitled to some money back for this in the form of SSP, and I should claim this, and they will receive it back. As far as I understand I will still receive my basic pay - and that should not be altered. Is that right? But now it looks like I'm not entitled to any SSP for the period following maternity leave for 13 weeks (weeks 26-39) but because I receive full occupational pay, work have to, for want of a better phrase, suck this up. It shouldn't affect the pay I receive?

I've been in the NHS since Oct 2008, so am entitled to 5 months full and 5 months half sick pay, is that right?

The problem seems to be now that I'm not entitled to SSP from weeks 26-39 following maternity leave because regardless of me being back at work, it is still counted as the maternity period.

Pay roll are scratching their heads looking in to it, because DP is on paternity leave, and they aren't sure what affect this has. But can anyone tell me what difference all this makes to me? I'll happily fill forms in for work to get back whatever they are supposed to - as long as I know I will get paid correctly, and on time! I don't have much leeway for things going wrong. And I tend to panic when it comes to all things financial, as the thought of not being able to eat/pay bills brings me out in cold sweats.

So, any advice on this please?

[flowery]

"this is to ensure I don't receive more than full occupational sick pay"

Don't understand. Is your sick pay entitlement 5 months full pay inclusive of any entitlement to SSP, or 5 months full pay plus SSP?

SSP isn't something you claim yourself - if you're entitled to it, your employer pays it you, that's it.

[flowery]

Having read your post several times over, I'm mystified why they are even writing to you about this tbh. It's not your problem.

If they want to know whether you are entitled to SSP during your maternity pay period if you are back at work but your partner is off, they need to ring HMRC, who should be able to answer that.

But it's nothing to do with you unless your full pay entitlement is on top of SSP. A quick google of Agenda for Change indicates that full pay is inclusive of SSP, but the half pay element is additional to it, as long as that doesn't take you over what full pay would be.

But if you went off sick in April you still have a fair while left on full pay, so that's that.

You don't need to be claiming any benefits, and as you are on full pay wouldn't get any anyway.

They don't need to be making any deductions from your pay.

They need to leave you alone and talk to HMRC about it!

[TheDetective]

Spoke to someone again Flowery and they said they have rang IR who will get back to them in the next 5 days.

What you say is correct, I'm sure it's their problem to sort and not mine!

And yes they mentioned about it only being an issue when on half pay. :) which I'm hoping not to get to!! Hoping to be back within the next 2 months! And yes full pay is inclusive of SSP.

What a fuss about nothing to do with me!!

[twinklytoes]

I wonder if this is because the payroll and/or HR's records show you are still on maternity leave?

to return from maternity leave to contract before 52wks you have to give 8wks notice. did you do this?

Also, you need to return to the payroll system when maternity leave ends, otherwise they won't pay you - NHS payroll sort of "suspend" your pay whilst on maternity leave as it is administered slightly different to when you are in work. your line manager has to re-instruct payroll that you are returning from maternity, even if you are going straight to sick leave.

either of these could have possibly triggered the confusion...

[TheDetective]

Yes, work were informed 20 million times of my return date. All correct and relevant paperwork completed. Line manager aware of return date, sick notes have been provided, meeting with OH arranged.

So everyone knows I'm off sick.

Also been paid last month my full basic wage. Which is correct if I am on sick leave.

[TheDetective]

Update

Okay, I need advice - quickly!

I'm still off work sick as above - I return in 4 weeks.

I contacted the jobcentre, as per my employers instructions in their letter to me stating that 'you are not entitled to SSP after 27th July 2013 please fill in form SSP1'... I asked them what I needed to do.

An 'adviser' took all my details, despite me explaining umpteen times that I was ringing for advice and did they really need to know all this (including the details of both my childrens fathers, trying to make me claim for child support?!) very personal information. They told me I would have to attend for interviews to get me back to work, an ATOS medical and all sorts!

I'm a midwife, I work for the NHS! I have a job... .

They insisted that this was the correct form of action.

Fast forward to 10 minutes later and I contacted payroll (who sent the original letter) again and was quite upset at the level of awfulness information extracted from me over the phone. Payroll were shocked and said they didn't think that this sounded correct.

So I rang the jobcentre again, and got through to a different person who realised the mistake, cancelled the 'claim' and said that would be the end of the matter. He explained I would get the claim forms to sign and return and request additional information before the letter saying the claim was withdrawn.

So I did. Both letters arrived, and I threw them away, and that was the end of the matter.

Or so I thought. I got 2 more letters soon after requesting me send in evidence. Then a letter telling me my entitlement. I very fucking wrongly assumed that this was just due to the fact a claim was made, and that the withdrawal still stood.

Also, as I had not signed, or sent any further information in, that would be the end of it. Right?

Nope, I just checked my bank account today to find they paid me 2 weeks ago, and today.

So I have managed to spend the first amount of money without realising. Not a big deal. I get paid next week, I can put the amount aside. And todays money, I can put that aside.

But now I am going to have to wait til Tuesday to get to the bottom of this mess. I haven't kept the letters as it was all so farcical that I thought the first adviser had just got her knickers in a twist, and the second adviser was much more reassuring and said it was all sorted, and in fact told me to ignore further letters.

I didn't want to claim any benefit, I am NOT entitled to it, I am receiving full pay from my employer. So why the hell has it ended up in my bank account? I am just glad I noticed now, as I only usually check my available balance, and my direct debits to ensure they have been paid.

Any advice? Please?!

[TheDetective]

ESA is what I have received in my bank by the way!!

Still very .

DP just said he hopes I can't get prosecuted for benefit fraud. He's got an over active imagination, right?

[PetiteRaleuse]

No idea, bumping for you x