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SPM10530 - Statutory Sick Pay (SSP) - Employees who cannot receive SSP when they go sick

Over 65 years of age – before 1 October 2006

An employee who was aged 65 or over on the first day of a PIW or series of linked PIWs, was not entitled to SSP.

If an employee became aged 65 during the PIW, their entitlement to SSP continued until the end of the PIW or series of linked PIWs.

Where a PIW linked with an earlier PIW, the employee’s age at the start of the first PIW determined any entitlement to SSP.

For example

An employee was age 64 when they went sick and were off work for more than four days so a PIW was formed. SSP was payable from day 4 of their absence from work. They were 65 years of age two weeks after their return to work. They went sick again four weeks later, and a second PIW was formed which linked with the first one. Although the employee was now over age 65, SSP was payable because they were 64 years at the start of the linked PIWs.

Position from 1 October 2006

In accordance with an EU directive, all age restrictions have been removed. Employees who are under 16 years of age and over 65 years when they go sick are entitled to SSP if they satisfy all the conditions for payment.

Anyone who was excluded from SSP for no other reason than their age before 1 October 2006 and who was still unfit for work due to incapacity on 1 October 2006 has a fresh PIW starting on 1 October 2006 which does not link to the pre-October 2006 PIW.