Being an employer → Statutory pay (SSP / SMP / SPP / SAP / ShPP / SPBP / SNCP)
Statutory Pay 2025/26 — SSP £118.75 + Family Leave £187.18 + SER Reclaim 109%
Statutory Sick Pay (SSP) is £118.75/week 2025/26 — payable from the 4th day of incapacity for up to 28 weeks per period of incapacity. Statutory Maternity Pay (SMP), Paternity (SPP), Adoption (SAP), Shared Parental (ShPP), Parental Bereavement (SPBP) and the new Statutory Neonatal Care Pay (SNCP, from 6 April 2025) all sit at the higher of £187.18/week or 90% of Average Weekly Earnings (90% of AWE applies for the first 6 weeks of SMP/SAP). Small Employers' Relief (SER) reclaim rate is 109% from 6 April 2025 — meaning small employers reclaim 100% of statutory family pay plus a 9% compensation uplift via EPS. SER eligibility: total Class 1 NI bill ≤£45,000 in the previous tax year.
Last reviewed:
Guidance, not advice. We explain the rules, we don't assess your situation. Always seek financial or tax advice from your accountant, or contact HMRC. Read our editorial scope →
In plain English
Statutory pay falls into two families. (1) Sickness: SSP at £118.75/week for up to 28 weeks, kicking in from day 4 of incapacity. Employers cannot reclaim SSP (the old Percentage Threshold Scheme was abolished in 2014). (2) Family leave: maternity, paternity, adoption, shared parental, parental bereavement, and the new neonatal care pay (SNCP, from 6 April 2025) all sit at £187.18/week or 90% of AWE (whichever is lower; SMP/SAP pay 90% of AWE for the first 6 weeks then drop to the standard rate for up to 33 weeks more). Small employers (Class 1 NI bill ≤£45,000 in the prior tax year) get Small Employers' Relief: 109% reclaim from 6 April 2025 (was 108.5% in 2024/25, and 103% before then). The 9% uplift compensates for administrative cost. Reclaim is made via EPS each month. The Allocation of Tips Act 2023, effective 1 October 2024, requires 100% of tips/gratuities/service charges to flow to workers under a written tips policy. Tips do NOT count towards NMW (never have) and cannot be used to substitute for statutory pay. Statutory Neonatal Care Pay (SNCP) is new from 6 April 2025: up to 12 weeks paid leave for parents whose baby spends 7+ continuous days in neonatal care within 28 days of birth.
How it works
SSP — Statutory Sick Pay
£118.75/week 2025/26, paid for qualifying days, from day 4 of incapacity (days 1-3 'waiting days' not paid). Max 28 weeks per period of incapacity. Eligibility: employee (worker too, in some cases); earning ≥ LEL £123/week 2025/26; properly notified sickness. Employer cannot reclaim SSP (PTS abolished April 2014). Records: 3 years.
SMP — Statutory Maternity Pay
39 weeks total: first 6 weeks at 90% of AWE; next 33 weeks at £187.18 or 90% of AWE (whichever lower). Eligibility: 26 weeks continuous employment by qualifying week (15th week before EWC); earning ≥ LEL £123/week average. Notice: 28 days before maternity leave start. SMP1 form if not eligible.
SPP / SAP / ShPP / SPBP
Statutory Paternity Pay: up to 2 weeks at £187.18/week or 90% AWE. Statutory Adoption Pay: mirrors SMP structure. Shared Parental Pay: up to 37 weeks (after mother's compulsory 2 weeks) shareable between parents at £187.18/week or 90% AWE. Statutory Parental Bereavement Pay: 2 weeks at £187.18 or 90% AWE.
SNCP — Statutory Neonatal Care Pay (NEW)
Effective 6 April 2025 (Neonatal Care (Leave and Pay) Act 2023). Up to 12 weeks paid leave for parents whose baby spends 7+ continuous days in neonatal care within 28 days of birth. Rate: £187.18/week or 90% AWE (whichever lower). Separate from + additional to SMP/SPP.
Small Employers' Relief (SER)
Eligibility: total Class 1 NI bill (employee + employer) ≤£45,000 in prior tax year. Reclaim rate from 6 April 2025: 109% (was 108.5% 2024/25; 103% prior years). Applies to all statutory family pay (SMP/SPP/SAP/ShPP/SPBP/SNCP). Non-SER employers reclaim 92%. Mechanism: deduct from EPS each month.
Allocation of Tips Act 2023
Effective 1 October 2024. Employer must pass 100% of tips/gratuities/service charges (whether cash, card, tronc) to workers in a fair and transparent manner under a written tips policy. Cannot reduce wages to offset tips. Cannot use tips for NMW. Tribunal route for breach + statutory uplift.
Who this applies to + key conditions
- Employee or qualifying worker
- For SSP: average weekly earnings ≥ LEL £123/week 2025/26
- For SMP/SAP: 26 weeks continuous employment by qualifying week + ≥ LEL
- For SPP: 26 weeks continuous employment by 15th week before EWC + ≥ LEL
- For ShPP: parental rights + qualifying employment + earnings tests
- For SNCP (new 6 April 2025): baby in neonatal care 7+ days within 28 days of birth
- Employer SER eligibility: prior-year Class 1 NI bill ≤£45,000
Statute + manual references
Primary: Social Security Contributions and Benefits Act 1992 — SSP + SMP statutory basis; subsequent legislation for SPP/SAP/ShPP/SPBP/SNCP.
Related: Statutory Sick Pay (General) Regulations 1982 (SI 1982/894); Statutory Maternity Pay (General) Regulations 1986 (SI 1986/1960); Children and Families Act 2014 — Shared Parental Leave + Pay; Parental Bereavement (Leave and Pay) Act 2018; Neonatal Care (Leave and Pay) Act 2023 — SNCP from 6 April 2025; Allocation of Tips Act 2023 — effective 1 October 2024; Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 — SER framework
HMRC manual: Statutory Payments Manual (SPM00000+); CWG5 Class 1A NICs Guide
Common mistakes + traps
- Paying SSP from day 1 — first 3 days are unpaid waiting days
- Trying to reclaim SSP — Percentage Threshold Scheme abolished April 2014
- Using old SER rate 108.5% instead of 109% from 6 April 2025
- Forgetting SNCP exists from April 2025 — separate from + additional to SMP/SPP
- Using tips to top up to NMW — never permitted; Allocation of Tips Act reinforces
- Failing to maintain written tips policy from 1 October 2024 — statutory uplift exposure
Worked example
Gamma Ltd (small employer, prior-year NI bill £30k), employee Sarah on maternity leave 39 weeks, AWE £400/week
Sarah starts SMP on 1 June 2025 for full 39 weeks. AWE £400. Gamma's prior-year Class 1 NI bill £30k = qualifies for SER reclaim 109%.
- Weeks 1-6: 90% of AWE = £360/week × 6 weeks = £2,160.
- Weeks 7-39 (33 weeks): lower of £187.18 or 90% AWE £360 = £187.18/week × 33 weeks = £6,176.94.
- Total SMP paid to Sarah: £2,160 + £6,176.94 = £8,336.94.
- SER reclaim 109%: Gamma reclaims £8,336.94 × 1.09 = £9,087.26 via EPS over the SMP period.
- Net cost to Gamma: £8,336.94 paid out − £9,087.26 reclaimed = NEGATIVE £750.32 (i.e. Gamma gains £750.32 from the SER uplift).
- PAYE + NIC due on SMP normally (it is taxable + NICable income for Sarah).
Outcome: Sarah receives £8,336.94 SMP. Gamma's net cost is negative £750.32 thanks to the 109% SER reclaim — the 9% uplift compensates Gamma's admin cost and then some.
How this connects to the rest of the framework
All statutory pay reported via FPS; recovery (SER for family pay) via EPS.
Statutory pay is itself NICable + PAYE-able; reclaim is separate via EPS.
Tips do NOT count towards NMW (Allocation of Tips Act reinforces).
Pension contributions continue on statutory pay (using normal pay reference period rules).
Frequently asked questions
What happens if I miss the Self Assessment deadline?+
Do I need an accountant or can I file Self Assessment myself?+
How do payments on account work?+
What is the SER reclaim rate from April 2025?+
Can I reclaim SSP?+
Is Statutory Neonatal Care Pay new?+
Do I have to distribute tips 100% to workers?+
Free + regulated-body resources
- GovUK — Statutory Sick Pay →
SSP entitlement + rates
- GovUK — Statutory Maternity Pay →
SMP employer guidance
- GovUK — Statutory Neonatal Care Pay →
New from 6 April 2025
- Statutory Payments Manual →
Definitive HMRC reference
- GovUK — Allocation of Tips Act →
Statutory Code of Practice
Last reviewed: