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fairfax | 19:51 Thu 13th Oct 2011 | Business & Finance
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can you claim sick pay if you are working and receving state pension?
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Twix, as far as I am aware, employers start paying conts only when the earnings reach the Secondary Threshold and that is higher than the LEL. That means NI need not be payable by either party to get paid SSP.
10:05 Fri 14th Oct 2011
I assume you mean SSP ather than OSP.
I'll have to check but i doubt it as you aren't paying NI now
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yes factor30 i did mean SSP.it was just a thought as my employer mentioned it and i was not sure if i was still entitled?
I am sure that I have read that SSP does not have an age limit.
Because you are receiving the SP I think the answer is No.
I am 62 and have been drawing my state pension for two years. I was off work last month after an accident and got SSP.
The age 65 limit was abolished a few year ago and you need not be paying NI to qualify for SSP. A person's average earnings need to be at or above the Lower Earnings Limit and NI begins to be paid at a higher amount.
I could have sworn I was refused SSP because I was drawing my SP. It was a few years ago so maybe I've got it wrong then BD.
The age 65 limit was abolished from 1.10.2006.
You should get SSP as long as your earnings are above the Lower Earnings Limit of £102 per week, and your employer is paying Class 1 National Insurance Contributions for you (you will not be paying NI as you are over pensionable age.
twix the employer need not be paying contributions for an employee to get SSP
Corby, Class 1 NIC's apply only to employees who are aged 16 or over. Employee contributions stop at State Pension age, but employer contributions continue for as long as the employee continues to work.

I was also using the HMRC Employers Online SSP calculator, which would only make a calculation if the box indicating that employer's Class ! NIC's were paid, otherwise a form SSP1 would have to be issued. The employer would not pay any NIC's should the wage be below the LEL.
^ Class 1 NIC's were paid, ...
Twix, as far as I am aware, employers start paying conts only when the earnings reach the Secondary Threshold and that is higher than the LEL. That means NI need not be payable by either party to get paid SSP.
I am 76 and working. I have just been off sick for three weeks and was paid SSP by my employer at the rate of £88.45 pw after four waiting days. I don't pay NI.

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