The Statutory Sick Pay (Rate of Payment) Order (Northern Ireland) 1993

Statutory Rules of Northern Ireland

1993 No. 152

STATUTORY SICK PAY

The Statutory Sick Pay (Rate of Payment) Order (Northern Ireland) 1993

Made

29th March 1993

Coming into operation

6th April 1993

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by section 153(2)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and of all other powers enabling it in that behalf, hereby makes the following order which contains only provision in consequence of an order(2) under section 132 of the Social Security Administration (Northern Ireland) Act 1992(3)

Citation, commencement and interpretation

1.  —

(1) This order may be cited as the Statutory Sick Pay (Rate of Payment) Order (Northern Ireland) 1993 and shall come into operation on 6th April 1993, immediately after the coming into operation of Article 9 of the Social Security Benefits Up-rating Order (Northern Ireland) 1993(4).

(2) In this order “the 1992 Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

Substitution of provisions in section 153(1) of the 1992 Act

2.  In section 153(1) of the 1992 Act for paragraphs (a) and (b) there shall be substituted the following paragraphs—

“(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 £195 00; or

(b) £46 95, in any other case.”

Transitional provisions

3.  Where in relation to statutory sick pay a period of entitlement as between an employer and an employee is running at 6th April 1993 and the employee’s normal weekly earnings under his contract of service with that employer are not less than, or are treated for the purposes of section 153(1) of the 1992 Act as not less than, £190 00 they shall be treated for the purposes of that section as not less than £195 00 for the remainder of that period.

Revocations

4.  The Statutory Sick Pay (Rate of Payment) Regulations (Northern Ireland) 1990(5) so far as previously unrevoked, Article 2 of the Statutory Sick Pay (Rate of Payment) Order (Northern Ireland) 1991(6) and Article 2 of the Statutory Sick Pay (Rate of Payment) Order (Northern Ireland) 1992(7) are hereby revoked.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

A. Devlin

Assistant Secretary

29th March 1993.

Explanatory Note

(This note is not part of the Order)

This order, which comes into operation on 6th April 1993, substitutes alternative provisions for the paragraphs of subsection (1) of section 153 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) (rate of payment). The new provisions increase the lower rate of statutory sick pay from £45 30 to £46 95 per week. The higher rate remains unchanged at £52 50 per week. In addition the earnings band is altered so that the higher rate becomes payable where the employee’s earnings are normally £195 00 or more per week (increased from £190 00 or more per week) (Article 2).

Article 3 contains transitional provisions for those employees who are incapable of work at the time of the change and would otherwise move from the higher to the lower rate of statutory sick pay.

Article 4 contains consequential revocations.

This order is made only in consequence of the Social Security Benefits Up-rating Order (Northern Ireland) 1993 and accordingly, by virtue of section 149(3) of, and paragraph 3 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), is not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

(1)

1992 c. 7

(2)

S.R. 1993 No. 150

(3)

1992 c. 8

(4)

S.R. 1993 No. 150

(5)

S.R. 1990 No. 73

(6)

S.R. 1991 No. 87

(7)

S.R. 1992 No. 27