The Employment Rights (Northern Ireland) Order 1996

Short-term incapacity benefit [F1 , contributory employment and support allowance] and industrial injury benefit N.I.

122.—(1) This Article has effect where the arrangements in force relating to the employment are such that—

(a) payments by way of sick pay are made by the employer to employees to whom the arrangements apply, in cases where any such employees are incapable of work because of sickness or injury, and

(b) in calculating any payment so made to any such employee an amount representing, or treated as representing, short-term incapacity benefit [F2 , contributory employment and support allowance] or industrial injury benefit is taken into account, whether by way of deduction or by way of calculating the payment as a supplement to that amount.

(2) If—

(a) during any part of the period of notice the employee is incapable of work because of sickness or injury,

(b) one or more payments by way of sick pay are made to him by the employer in respect of that part of the period of notice, and

(c) in calculating any such payment such an amount as is referred to in sub-paragraph (b) of paragraph (1) is taken into account as mentioned in that sub-paragraph,

for the purposes of Article 120 or 121 the amount so taken into account shall be treated as having been paid by the employer to the employee by way of sick pay in respect of that part of that period, and shall go towards meeting the liability of the employer under that Article accordingly.

F1 Words in art. 122 heading inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions No. 2) Regulations (Northern Ireland) 2008 (S.R. 2008/412), reg. 3(a)

F2 Words in art. 122(1)(b) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions No. 2) Regulations (Northern Ireland) 2008 (S.R. 2008/412), reg. 3(b)