Social Security Administration Act 1992

130 Duties of employers—statutory sick pay and claims for other benefits U.K.

(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—

[F1 (za) universal credit;]

[F2 (a) short term incapacity benefit];

(b) a maternity allowance;

[F3 (c) long-term incapacity benefit;]

(d) industrial injuries benefit; F4 ...

F4 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (f) an employment and support 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 11 to the Contributions and Benefits 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.

(4) Regulations [F6 made with the concurrence of the Inland Revenue]—

(a) may require employers to maintain such records in connection with statutory sick pay as may be prescribed;

(b) may provide for—

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

(ii) any other person who is a party to proceedings arising under Part XI of the Contributions and Benefits Act,

to furnish to the Secretary of State [F7 or the Inland Revenue (as the regulations may require)], within a prescribed period, any information required for the determination of any question arising in connection therewith; and

(c) may require employers who have made payments of statutory sick pay to furnish to the Secretary of State [F7 or the Inland Revenue (as the regulations may require)] such documents and information, at such times, as may be prescribed.

[F8 (5) Regulations made with the concurrence of the Inland Revenue may require employers to produce wages sheets and other documents and records to officers of the Inland Revenue, within a prescribed period, for the purpose of enabling them to satisfy themselves that statutory sick pay has been paid, and is being paid, in accordance with regulations under section 5 above, to employees or former employees who are entitled to it.]

Textual Amendments

F1 S. 130(1)(za) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 20; S.I. 2013/983, art. 3(1)(b)(ii)

F2 S. 130(1)(a) substituted (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 49(a); S.I. 1994/2926, art. 2(4), Sch. Pt. IV

F3 S. 130(1)(c) substituted (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 49(b); S.I. 1994/2926, art. 2(4), Sch. Pt. IV

F4 S. 130(1)(e) and preceding word repealed (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s 89(1), Sch. 13 Pt. IV; S.I. 2000/2958, art. 2(3)-(5) (with art. 4)

F5 S. 130(1)(f) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(19); S.I. 2008/787, art. 2(4)(f)

F6 Words in s. 130(4) inserted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 26(a); S.I. 1999/527, art. 2(b), Sch. 2

F7 Words in s. 130(4)(b)(c) inserted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 26(b); S.I. 1999/527, art. 2(b), Sch. 2

F8 S. 130(5) inserted (1.1.2005) by National Insurance Contributions and Statutory Payments Act 2004 (c. 3), ss. 9(2), 13; S.I. 2004/1943, art. 3(a)