Box D.1: Who cannot get SSP?

You are not entitled to SSP if, on the first day of your SSP period of incapacity for work (PIW), any of the following apply.

■You are not treated as an employee.

■You were entitled to employment and support allowance (ESA) within the previous 85 days.

■There is a strike where you work, unless you can prove you have no direct interest in the dispute.

■You have received SSP from your employer for 28 weeks in the same PIW.

■You are pregnant and into the ‘disqualifying period’ (see 4 in this chapter ).

■You are employed in another country; however, you may be entitled if your employer is liable for Class 1 contributions in the UK for you.

■You are in legal custody.

■You have not yet done any work for your employer.

PIWs with the same employer that are separated by eight weeks or less count as one continuous PIW (ie they are linked together).

If you are off sick and your employer decides you cannot get SSP, they must give you form SSP1 so that you can claim ESA (see 13

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