Employer won't send SSP1 form

[Lebleuet]

Hi all,

 

My partner is receiving ESA and I'm on his joint claim. I work since the 1. March for 14hours/week and earn less than 100 pound/week.

 

I'm off sick since the 6th March and have a sick note from the 7th March to end of this month, probably extending. Problem is, that our benefits were reduced because of my wages I didn't receive.

I called my manager on the 25th April, because I didn't receive my wages and he replied that I'm not eligible for SSP. I asked him about the SSP1 form and "he will contact the headoffice".

A week later without form I called again, the assistant manager said the same "I will speak to the manager and he will contact headoffice".

 

I didn't want to wait another week, so I printed the SSP1 form the same day and included an envelope with a stamp and a note to fill it out as soon as possible.

 

Unfortunately I still don't receive the form and the manager is always "not available".

 

I found on the Citizen Advice site "If your employer refuses to give you form SSP1, you should apply in writing for a decision to your local national insurance contributions office and claim ESA" But could you tell me what the local national insurance contributions office is? Do you have any experience how long does it take?

 

Or is there any other way to claim ESA without the SSP1 from my employer? We are missing 80pound/week since April and it's really hard to get on.

 

Thank you very much!!

 

Kind regards,

Stefanie

[Conniff]

The employer 'must' fill it in and send it to you. If they don't, they will be in trouble with HMRC, so if he continually refuses, let HMRC know.

 

 

This guide for employees and employers should be of help

 

 

https://www.gov.uk/government/collections/statutory-pay

[antone]

Yes, as Conniff says, completing an SSP1 form for you is not optional. The "NI Contributions Office" referred to is an HMRC office, and you'd be quite within your rights to complain to HMRC if your employer refuses to either pay you SSP or complete form SSP1 to explain why you're not entitled.

[Lebleuet]

Thank you very much for your answers!

I will try to contact the head office (it's a fast food restaurant) first and if nothing happened within the week, I will contact HMRC.

[Lebleuet]

I finally received the SSP1 form today I'll send it to the ESA department and hopefully receive the arrears within the next weeks!