Social Security and Housing Benefits Act 1982

Part I E+W+S Statutory Sick Pay

Modifications etc. (not altering text)

C1 Power to modify Pt. I (ss. 1–27) conferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 17(1)

C2 Power to amend Pt. I (ss. 1–27) conferred by Social Security Act 1986 (c. 50, SIF 113:1), s. 54(1)

1 Employer’s liability. E+W+S

(1) Where an employee has a day of incapacity for work in relation to his contract of service with an employer, that employer shall, if the conditions set out in sections 2 to 4 of this Act are satisfied, be liable to make to him, in accordance with the following provisions of this Part, a payment (to be known as “statutory sick pay”) in respect of that day.

(2) Any agreement shall be void to the extent that it purports—

(a) to exclude, limit or otherwise modify any provision of this Part; or

(b) to require an employee to contribute (whether directly or indirectly) towards any costs incurred by his employer under this Part.

(3) For the purposes of this Part a day shall not be treated as a day of incapacity for work in relation to any contract of service unless on that day the employee concerned is, or is deemed in accordance with regulations to be, incapable by reason of some specific disease or bodily or mental disablement of doing work which he can reasonably be expected to do under that contract.

(4) In any case where an employee has more than one contract of service with the same employer the provisions of this Part shall, except in such cases as may be prescribed and subject to the following provisions of this Part, have effect as if the employer were a different employer in relation to each contract of service.

[F1 (5) Circumstances may be prescribed in which, notwithstanding the foregoing provisions of this section, the liability to make payments of statutory sick pay is to be a liability of the Secretay of State.

(6) Any sums paid under regulations made by virtue of subsection (5) above shall be paid out of the National Insurance Fund.]

Textual Amendments

F1 S. 1(5)(6) added by Social Security Act 1986 (c. 50, SIF 113:1), s. 68

The qualifying conditions E+W+S

2 Period of incapacity for work. E+W+S

(1) The first condition is that the day in question forms part of a period of incapacity for work.

(2) In this Part “period of incapacity for work” means any period of four or more consecutive days, each of which is a day of incapacity for work in relation to the contract of service in question.

(3) Any two periods of incapacity for work which are separated by a period of not more than [F2 8 weeks] shall be treated as a single period of incapacity for work.

[F3 (3A) The Secretary of State may by regulations direct that a larger number of weeks specified in the regulations shall be substituted for the number for the time being specified in subsection (3) above.]

(4) No day of the week shall be disregarded in calculating any period of consecutive days for the purposes of this section.

(5) A day may be a day of incapacity for work in relation to a contract of service, and so form part of a period of incapacity for work, notwithstanding that—

(a) it falls before the making of the contract or after the contract expires or is brought to an end; or

(b) it is not a day on which the employee concerned would be required by that contract to be available for work.

Textual Amendments

F2 Words substituted as provided by S.I. 1982/894, reg. 2A (as inserted by S.I. 1986/477, reg. 2)

F3 S. 2(3A) inserted by Social Security Act 1985 (c. 53, SIF 113:1), s. 18(4)

3 Period of entitlement. E+W+S

(1) The second condition is that the day in question falls within a period which is, as between the employee and his employer, a period of entitlement.

(2) For the purposes of this Part a period of entitlement, as between an employee and his employer, is a period beginning with the commencement of a period of incapacity for work and ending with whichever of the following first occurs—

(a) the termination of that period of incapacity for work;

(b) the day on which the employee reaches, as against the employer concerned, his maximum entitlement to statutory sick pay (determined in accordance with section 5 of this Act);

(c) the day on which the employee’s contract of service with the employer concerned expires or is brought to an end;

(d) in the case of an employee who is, or has been, pregnant, the day immediately preceding the beginning of the disqualifying period.

(3) Schedule 1 to this Act has effect for the purpose of specifying circumstances in which a period of entitlement does not arise in relation to a particular period of incapacity for work.

(4) A period of entitlement as between an employee and an employer of his may also be, or form part of, a period of entitlement as between him and another employer of his.

[F4 (4A) The Secretary of State may by regulations—

(a) specify circumstances in which, for the purpose of determining whether an employee’s maximum entitlement to statutory sick pay has been reached in a period of entitlement as between him and an employer of his, days falling within a previous period of entitlement as between the employee and any person who is or has in the past been an employer of his are to be counted; and

(b) direct that in prescribed circumstances an employer shall provide a person who is about to leave his employment, or who has been employed by him in the past, with a statement in the prescribed form containing such information as may be prescribed in relation to any entitlement of the employee to statutory sick pay.]

(5) Regulations may provide, in relation to prescribed cases, for a period of entitlement to end otherwise than in accordance with subsection (2) above.

(6) In a case where the employee’s contract of service first takes effect on a day which falls within a period of incapacity for work, the period of entitlement begins with that day.

[F5 (6A) In a case where the employee’s contract of service first takes effect between two periods of incapacity for work which by virtue of section 2(3) of this Act are treated as one, the period of entitlement begins with the first day of the second of those periods.

(6B) In any case where, otherwise than by virtue of section 4(2)(b) of the principal Act (exclusion of liability where earnings are below the lower earnings limit), an employee’s earnings under a contract of service in respect of the day on which the contract takes effect do not attract a liability to pay secondary Class 1 contributions, subsections (6) and (6A) above shall have effect as if for any reference to the contract first taking effect there were substituted a reference to the first day in respect of which the employee’s earnings attract such a liability.]

(7) Regulations shall make provision as to an employer’s liability under this Part to pay statutory sick pay to an employee in any case where the employer’s contract of service with that employee has been brought to an end by the employer solely, or mainly, for the purpose of avoiding liability for statutory sick pay.

(8) Subsection (2)(d) above does not apply in relation to an employee who has been pregnant if her pregnancy terminated, before the beginning of the disqualifying period, otherwise than by confinement.

[F6 (9) In this section—

• “confinement” is to be construed in accordance with section 50 of the Social Security Act 1986; and

• “disqualifying period” means—

(a) in relation to a woman entitled to statutory maternity pay, the maternity pay period; and

(b) in relation to a woman entitled to maternity allowance, the maternity allowance period;

• “maternity allowance period” has the meaning assigned to it by section 22(2) of the principal Act; and

• “maternity pay period” has the meaning assigned to it by section 47(1) of the Social Security Act 1986.]

Textual Amendments

F4 S. 3(4A) inserted by Social Security Act 1985 (c. 53, SIF 113:1), s. 18(5)

F5 S. 3(6A)(6B) inserted by Social Security Act 1985 (c. 53, SIF 113:1), s. 21, Sch. 4 para. 4

F6 S. 3(9) substituted by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(1), Sch. 10 para. 77

4 Qualifying days. E+W+S

(1) The third condition is that the day in question is a qualifying day.

(2) The days which are, for the purposes of this Part, to be qualifying days as between an employee and an employer of his (that is to say those days of the week on which he is required by his contract of service with that employer to be available for work or which are chosen to reflect the terms of that contract) shall be such day, or days, [F7 as may, subject to regulations, be agreed] between the employee and his employer or, failing such agreement, determined in accordance with regulations.

(3) In any case where qualifying days are determined by agreement between an employee and his employer there shall, in each week (beginning with Sunday), be at least one qualifying day.

(4) A day which is a qualifying day as between an employee and an employer of his may also be a qualifying day as between him and another employer of his.

Textual Amendments

F7 Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 21, Sch. 7 para. 7

Limitations on entitlement, etc. E+W+S

5 Limitations on entitlement. E+W+S

(1) Statutory sick pay shall not be payable for the first three qualifying days in any period of entitlement.

(2) An employee shall not be entitled, as against any one employer, to an aggregate amount of statutory sick pay in respect of any one period of entitlement, . . . F8 , which exceeds his maximum entitlement.

(3) The maximum entitlement as against any one employer is reached on the day on which the amount to which the employee has become entitled by way of statutory sick pay during the period of entitlement in question . . . F9 first reaches or passes the entitlement limit.

(4) The entitlement limit is an amount equal to [F10 28] times the appropriate weekly rate set out in section 7 of this Act.

(5) Regulations may make provision for calculating the entitlement limit in any case where an employee’s entitlement to statutory sick pay is calculated by reference to different weekly rates in the same . . . F11 period of entitlement.

Textual Amendments

F8 Words repealed by Social Security Act 1985 (c. 53, SIF 113:1), ss. 18(2)(a), 29(2), Sch. 6

F9 Words repealed by Social Security Act 1985 (c. 53, SIF 113:1), ss. 18(1)(2)(b), 29(2), Sch. 6

F10 Word substituted by Social Security Act 1985 (c. 53, SIF 113:1), s. 18(1)

F11 Words repealed by Social Security Act 1985 (c. 53, SIF 113:1), ss. 18(2)(c), 29(2), Sch. 6

6 Notification of incapacity for work. E+W+S

(1) Regulations shall prescribe the manner in which, and the time within which, notice of any day of incapacity for work is to be given by or on behalf of an employee to his employer.

(2) An employer who would, apart from this section, be liable to pay an amount of statutory sick pay to an employee in respect of a qualifying day (the “day in question”) shall be entitled to withhold payment of that amount if—

(a) the day in question is one in respect of which he has not been duly notified in accordance with regulations under subsection (1) above; or

(b) he has not been so notified in respect of any of the first three qualifying days in a period of entitlement (a “waiting day”) and the day in question is the first qualifying day in that period of entitlement in respect of which the employer is not entitled to withhold payment—

(i) by virtue of paragraph (a) above; or

(ii) in respect of an earlier waiting day by virtue of this paragraph.

(3) Where an employer withholds any amount of statutory sick pay under this section—

(a) the period of entitlement in question shall not be affected; and

(b) for the purposes of calculating his maximum entitlement in accordance with section 5 of this Act, the employee shall not be taken to have become entitled to the amount so withheld.

Rate of payment, etc. E+W+S

7 Rate of payment. E+W+S

[F12 (1) Statutory sick pay shall be payable by an employer at the weekly rate of—

(a) £52.50, in a case where the employee’s normal weekly earnings under his contract of service with that employer are not less than £125; or

(b) £39.25, in any other case.]

[F13 (1A) The Secretary of State may by [F14 order]—

(a) substitute alternative provisions for [F15 the paragraphs of subsection (1) above]; and

(b) make such consequential amendments of any provision contained in this Act as appear to him to be required.

(1B) A statutory instrument containing (whether alone or with other provisions) [F16 an order] under subsection (1A) above shall not be made unless a draft of the instrument has been laid before Parliament and approved by a resolution of each House.]

(2) The amount of statutory sick pay payable by any one employer in respect of any day shall be the weekly rate applicable on that day divided by the number of days which are, in the week (beginning with Sunday) in which that day falls, qualifying days as between that employer and the employee concerned.

(3)—(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Textual Amendments

F12 S. 7(1)(a)(b) substituted for subsection (1)(a)–(c) by virtue of S.I. 1990/257, reg. 2

F13 S. 7(1A)(1B) inserted by Social Security Act 1986 (c. 50, SIF 113:1), s. 67(1)

F14 Word substituted by Social Security Act 1990 (c. 27, SIF 113:1), s. 21(1), Sch. 6 para. 15(1)(a)

F15 Words substituted by Social Security Act 1990 (c. 27, SIF 113:1), s. 21(1), Sch. 6 para. 15(1)(b)

F16 Words substituted by Social Security Act 1990 (c. 27, SIF 113:1), s. 21(1), Sch. 6 para. 15(2)

F17 S. 7(3)–(10) repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 E+W+S

Textual Amendments

F18 S. 8 repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11

9 Recovery by employers of amounts paid by way of statutory sick pay. E+W+S

(1) Regulations shall make provision—

(a) entitling, except in prescribed circumstances, any employer who has made a payment of statutory sick pay to recover the amount so paid by making one or more deductions from his contributions payments; and

(b) for the payment, in prescribed circumstances, by or on behalf of the Secretary of State of sums to employers who are unable so to recover the whole, or any part, of any payments of statutory sick pay which they have made.

[F19 (1A) Regulations shall also make provision—

[F20 (a) giving any employer who has made a payment of statutory sick pay a right, except in prescribed circumstances, to an amount, determined in such manner as may be prescribed—

(i) by reference to secondary Class 1 contributions paid in respect of statutory sick pay; or

(ii) by reference to the aggregate of secondary Class 1 contributions so paid and secondary Class 1 contributions paid in respect of statutory maternity pay;]

(b) for the recovery by an employer, in prescribed circumstances, of the whole or any part of any such amount from contributions payments;

(c) for the payment to an employer by the Secretary of State or by the Commissioners of Inland Revenue on behalf of the Secretary of State, in prescribed circumstances, of the whole or any part of any such amount.]

(2) In subsection (1)(a) [F21 and subsection (1A)] above, “contributions payments”, in relation to an employer, means any payments (other than payments arising under the M1 National Insurance Surcharge Act 1976) which the employer is required, by or under any enactment, to make in discharge of any liability in respect of primary or secondary Class 1 contributions.

(3) Regulations under this section may, in particular,—

(a) require employers who have made payments of statutory sick pay to furnish to the Secretary of State such documents and information, at such times, as may be prescribed; and

(b) provide for any deduction made in accordance with the regulations to be disregarded for prescribed purposes.

(4) The power to make regulations conferred by paragraph 5 of Schedule 1 to the principal Act (power to combine collection of contributions with collection of income tax) shall include power to make such provision as the Secretary of State considers expedient in consequence of any provision made by or under this section.

(5) Provision made in regulations under paragraph 5 of Schedule 1, by virtue of subsection (4) above, may in particular require the inclusion—

(a) in returns, certificates and other documents; or

(b) in any other form of record;

which the regulations require to be kept or produced or to which those regulations otherwise apply, of such particulars relating to statutory sick pay [F22 or deductions or payments made by virtue of subsection (1A) above] as may be prescribed by those regulations.

(6) Where, in accordance with any provision of regulations made under this section, an amount has been deducted from an employer’s contributions payments, the amount so deducted shall (except in such cases as may be prescribed) be treated for the purposes of any provision made by or under any enactment in relation to primary or secondary Class 1 contributions as having been—

(a) paid (on such date as may be determined in accordance with the regulations); and

(b) received by the Secretary of State;

towards discharging the liability mentioned in subsection (2) above.

(7) Any sums paid under regulations made by virtue of subsection (1)(b) [F23 or subsection (1A)(c)] above shall be paid out of the National Insurance Fund.

(8)—(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

Textual Amendments

F19 S. 9(1A) inserted by Social Security Act 1985 (c. 53, SIF 113:1), s. 19(1)(a)

F20 S. 9(1A)(a) substituted by Social Security Act 1986 (c. 50, SIF 113:1), s. 67(2)

F21 Words inserted by Social Security Act 1985 (c. 53, SIF 113:1), s. 19(1)(b)

F22 Words inserted by Social Security Act 1985 (c. 53, SIF 113:1), s. 19(1)(c)

F23 Words inserted by Social Security Act 1985 (c. 53, SIF 113:1), s. 19(1)(d)

F24 S. 9(8)–(10) repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11

Marginal Citations

M1 1976 c. 85.

Relationship with benefits and other payments, etc. E+W+S

10.. Relationship with benefits and other payments, etc. E+W+S

Schedule 2 to this Act has effect with respect to the relationship between statutory sick pay and certain benefits and payments and for the purpose of modifying other enactments.

Determination of questions E+W+S

11—16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25 E+W+S

Textual Amendments

F25 Ss. 11–16 repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11

17 Provision of information: general. E+W+S

(1) Where the Secretary of State considers that it is reasonable for information held by him to be disclosed to an employer, for the purpose of enabling that employer to determine the duration of a period of entitlement in respect of an employee, or whether such a period exists, he may disclose the information to that employer.

(2) Any employee who claims to be entitled to statutory sick pay from his employer shall, if so required by his employer, provide such information as may reasonably be required for the purpose of determining the duration of the period of entitlement in question or whether a period of entitlement exists as between them.

[F26 (2A) The Secretary of State may by regulations direct—

(a) that medical information required under subsection (2) above shall, in such cases as may be prescribed, be provided in a prescribed form;

(b) that an employee shall not be required under subsection (2) above to provide medical information in respect of such days as may be prescribed in a period of incapacity for work.]

(3) Where an employee asks an employer of his to provide him with a written statement, in respect of a period before the request is made, of one or more of the following—

(a) the days within that period which the employer regards as days in respect of which he is liable to pay statutory sick pay to that employee;

(b) the reasons why the employer does not so regard the other days in that period;

(c) the employer’s opinion as to the amount of statutory sick pay to which the employee is entitled in respect of each of those days;

the employer shall, to the extent to which the request was reasonable, comply with it within a reasonable time.

(4) Regulations may require employers to maintain such records in connection with statutory sick pay as may be prescribed and may provide for—

(a) any person claiming to be entitled to statutory sick pay; or

(b) any other person who is a party to proceedings arising under this Part;

to furnish to the Secretary of State, within a prescribed period, any information required for the determination of any question arising in connection therewith.

Textual Amendments

F26 S. 17(2A) inserted by Social Security Act 1985 (c. 53, SIF 113:1), s. 20

18 Claims for sickness and other benefits: provision of information by employers. E+W+S

(1) Regulations may make provision requiring an employer, in a case falling within subsection (3) below, to furnish information in connection with the making, by a person who is, or has been, an employee of that employer, of a claim for—

(a) sickness benefit;

(b) a maternity allowance;

(c) an invalidity pension;

(d) industrial injuries benefit; or

[F27 (e) a severe disablement allowance.]

(2) Regulations under this section shall prescribe—

(a) the kind of information to be furnished in accordance with the regulations;

(b) the person to whom information of the prescribed kind is to be furnished; and

(c) the manner in which, and period within which, it is to be furnished.

(3) The cases are—

(a) where, by virtue of paragraph 2 of Schedule 1 to this Act or of regulations made under paragraph 1 of that Schedule, a period of entitlement does not arise in relation to a period of incapacity for work;

(b) where a period of entitlement has come to an end but the period of incapacity for work which was running immediately before the period of entitlement came to an end continues; and

(c) where a period of entitlement has not come to an end but, on the assumption that—

(i) the period of incapacity for work in question continues to run for a prescribed period; and

(ii) there is no material change in circumstances,

the period of entitlement will have ended on or before the end of the prescribed period.

Textual Amendments

F27 S. 18(1)(e) substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 11(2), Sch. 4 para. 15(a)

19—21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28 E+W+S

Textual Amendments

F28 Ss. 19–21 repealed by virtue of Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11

Miscellaneous E+W+S

22 Modification of provisions of Part I. E+W+S

(1) The Secretary of State may make regulations modifying provisions of this Part, in such manner as he thinks proper, in their application to any person who is, has been or is to be—

(a) employed on board any ship, vessel, hovercraft or aircraft;

(b) outside Great Britain at any prescribed time or in any prescribed circumstances; or

(c) in prescribed employment in connection with continental shelf operations.

(2) Regulations under subsection (1) above may in particular provide—

(a) for any provision of this Part to apply to any such person, notwithstanding that it would not otherwise apply;

(b) for any provision of this Part not to apply to any such person, notwithstanding that it would otherwise apply;

(c) for excepting any such person from the application of any such provision where he neither is domiciled nor has a place of residence in any part of Great Britain;

(d) for the taking of evidence, for the purposes of the determination of any question arising under this Part, in a country or territory outside Great Britain, by a British consular official or such other person as may be prescribed.

(3) “Continental shelf operations” means [F29 any activities which, if paragraphs (a) and (d) of subsection (6) of section 23 of the M2 Oil and Gas (Enterprise) Act 1982 (application of civil law to certain offshore activities) were omitted, would nevertheless fall within subsection (2) of that section.]

Textual Amendments

F29 Words substituted Oil and Gas (Enterprise) Act 1982 (c. 23), s. 38(2), Sch. 3 para. 44.

Marginal Citations

M2 1982 c. 23.

23 Statutory sick pay to count as remuneration for principal Act. E+W+S

For the purposes of section 3 of the principal Act (meaning of “earnings”), any sums paid to, or for the benefit of, a person in satisfaction (whether in whole or in part) of any entitlement of his to statutory sick pay shall be treated as remuneration derived from an employed earner’s employment.

[F30 23A Deductions from statutory sick pay. E+W+S

(1) It is hereby declared for the avoidance of doubt that an agreement between an employer and an employee authorising any deductions from any statutory sick pay which the employer is liable to pay the employee in respect of any period shall not be void by reason only of section 1(2)(a) of this Act if the employer—

(a) is authorised by that or another agreement to make the same deductions from any contractual remuneration which he is liable to pay in respect of the same period; or

(b) would be so authorised if he were liable to pay contractual remuneration in respect of that period.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 ]

Textual Amendments

F30 S. 23A inserted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 21, Sch. 7 para. 8

F31 S. 23A(2) repealed by Wages Act 1986 (c. 48, SIF 43:2), s. 32(2), Sch. 5 Pt. III

Modifications etc. (not altering text)

C3 S. 23A extended with modifications by Social Security Act 1986 (c. 50, SIF 113:1), s. 46(6)

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32 E+W+S

Textual Amendments

F32 S. 24 repealed by Social Security Act 1985 (c. 53, SIF 113:1), ss. 21, 29(2), Sch. 4 para. 5(a), Sch. 6

25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33 E+W+S

Textual Amendments

F33 S. 25 repealed by Social Security Act 1986 (c. 50, SIF 113:1), s. 86(2), Sch. 11

26 Interpretation of Part I and supplementary provisions. E+W+S

(1) In this Part—

• “Commissioner” means a Social Security Commissioner and includes a tribunal of Commissioners constituted under section 116 of the principal Act;

• “contract of service” (except in paragraph (a) of the definition below of “employee”) includes any arrangement providing for the terms of appointment of an employee;

• “employed earner’s employment” has the same meaning as in the principal Act;

• “employee” means a person who is—

(a) gainfully employed in Great Britain either under a contract of service or in an office (including elective office) with emoluments chargeable to income tax under Schedule E; and

(b) over the age of 16;

but subject to regulations, which may provide for cases where any such person is not to be treated as an employee for the purposes of this Part and for cases where any person who would not otherwise be an employee for those purposes is to be treated as an employee for those purposes;

• [F34 “employer”, in relation to an employee and a contract of service of his, means a person who under section 4 of the principal Act (liability to pay Class 1 contributions) is, or but for subsection (2)(b) of that section (exclusion of liability where earnings are below lower earnings limit) would be, liable to pay secondary Class 1 contributions in relation to any earnings (within the meaning of that Act) of the employee under the contract;]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

• “local office” means any office appointed by the Secretary of State as a local office for the purposes of this Part;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

• “maternity allowance” means an allowance payable under section 22 of the principal Act;

• “pensionable age” means, in the case of a man, 65 or, in the case of a woman, 60;

• “period of entitlement” has the meaning given by section 3 of this Act;

• “period of incapacity for work” has the meaning given by section 2 of this Act;

• “period of interruption of employment” has the same meaning as it has in the principal Act by virtue of section 17(1)(d);

• “prescribed” means prescribed by regulations;

• “primary Class 1 contributions” and “secondary Class 1 contributions” have the same meaning as in the principal Act;

• “qualifying day” has the meaning given by section 4 of this Act;

• “week” means any period of seven days.

(2) For the purposes of this Part an employee’s normal weekly earnings shall, subject to subsection (4) below, be taken to be [F36 the average weekly earnings which in the relevant period have been paid to him or paid for his benefit] under his contract of service with the employer in question.

(3) For the purposes of subsection (2) above, the expressions “earnings” and “relevant period” shall have the meaning given to them by regulations.

(4) In such cases as may be prescribed an employee’s normal weekly earnings shall be calculated in accordance with regulations.

(5) Without prejudice to any other power to make regulations under this Part, regulations may specify cases in which, for the purposes of this Part or of such provisions of this Part as may be prescribed—

(a) two or more employers are to be treated as one;

(b) two or more contracts of service in respect of which the same person is an employee are to be treated as one.

[F37 (5A) Where, in consequence of the establishment of one or more National Health Service trusts under Part I of the M3 National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978, a person’s contract of employment is treated by a scheme under that Part or Act as divided so as to constitute two or more contracts, regulations may make provision enabling him to elect for all of those contracts to be treated as one contract for the purposes of this Part of this Act or of such provisions of this Part of this Act as may be prescribed; and any such regulations may prescribe—

(a) the conditions that must be satisfied if a person is to be entitled to make such an election;

(b) the manner in which, and the time within which, such an election is to be made;

(c) the persons to whom, and the manner in which, notice of such an election is to be given;

(d) the information which a person who makes such an election is to provide, and the persons to whom, and the time within which, he is to provide it;

(e) the time for which such an election is to have effect;

(f) which one of the person’s employers under the two or more contracts is to be regarded for the purposes of statutory sick pay as his employer under the one contract;

and the powers conferred by this subsection are without prejudice to any other power to make regulations under this Part of this Act.]

(6) Regulations may provide for periods of work which begin on one day and finish on the following day to be treated, for purposes of this Part, as falling solely within one or other of those days.

(7) In this Part any reference to Great Britain includes a reference to the territorial waters of the United Kingdom adjacent to Great Britain.

Textual Amendments

F34 Definition substituted by Social Security Act 1985 (c. 53, SIF 113:1), s. 21, Sch. 4 para. 6(1)(2)

F35 Definition repealed by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), s. 30(1), Sch. 10 Pt. I

F36 Words substituted by Social Security Act 1985 (c. 53, SIF 113:1), s. 21, Sch. 4 para. 7

F37 S. 26(5A) inserted (prosp.) by Social Security Act 1990 (c. 27, SIF 113:1), ss. 21(1), 23(2), Sch. 6 para. 16

Marginal Citations

M3 1990 c. 19(113:2)

27 Crown employment. E+W+S

(1) Subject to subsection (2) below, the provisions of this Part apply in relation to persons employed by or under the Crown as they apply in relation to persons employed otherwise than by or under the Crown.

(2) The provisions of this Part do not apply in relation to persons serving as members of Her Majesty’s forces, in their capacity as such.

[F38 (3) For the purposes of this section Her Majesty’s forces shall be taken to consist of such establishments and organisations as may be prescribed, being establishments and organisations in which persons serve under the control of the Defence Council.]

Textual Amendments

F38 S. 27(3) inserted by Social Security Act 1989 (c. 24, SIF 113:1), s. 26, Sch. 7 para. 23