Commentary

(d) Excluded groups

Division BI Pay
| Commentary

(d) Excluded groups

| Commentary

(d)     Excluded groups

(i)     Generally

It is clear that those who are unemployed or self-employed are not entitled to SSP. In addition, although Crown employees are entitled to SSP, there is a specific exclusion for members of the armed forces: see SSCBA 1992 s 161(2). Equally, as discussed at para [71], a person does not become entitled to SSP simply because he or she is categorised as a worker for employment law purposes. However, SSCBA 1992 s 153 and Sch 11 also create a long list excluding further classes of employee from the right to SSP. This is achieved by providing that no 'period of entitlement' (one of the qualifying conditions for SSP, discussed at para [112] ff) shall arise in certain circumstances.

The date for determining whether or not an employee is a member of one of the excluded classes listed in Schedule 11 is the beginning of the illness or disability (or the start of the contract if later), see SSCBA 1992 s 153(2) and Sch 11 para 3. If the employee falls within an excluded class, then he or she cannot claim any SSP at all in respect of that period of illness or disability (or strictly that 'period of incapacity for work' as defined in SSCBA 1992 s 152, below). And that is true whether the condition ceases to be satisfied the very next

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