Social Security and Housing Benefits Act 1982

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.

[F1 (1A) Regulations shall also make provision—

[F2 (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) [F3 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 [F4 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) [F5 or subsection (1A)(c)] above shall be paid out of the National Insurance Fund.

(8)—(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F1 S. 9(1A) inserted by Social Security Act 1985 (c. 53, SIF 113:1), s. 19(1)(a)

F2 S. 9(1A)(a) substituted by Social Security Act 1986 (c. 50, SIF 113:1), s. 67(2)

F3 Words inserted by Social Security Act 1985 (c. 53, SIF 113:1), s. 19(1)(b)

F4 Words inserted by Social Security Act 1985 (c. 53, SIF 113:1), s. 19(1)(c)

F5 Words inserted by Social Security Act 1985 (c. 53, SIF 113:1), s. 19(1)(d)

F6 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.