Rate of payment, etc.N.I.
153 Rate of payment.N.I.
(1)Statutory sick pay shall be payable by an employer at the weekly rate of [F1 £59.55].
(2)The Department may by order—
[F2(a)amend subsection (1) above so as to substitute different provision as to the weekly rate or rates of statutory sick pay; and]
(b)make such consequential amendments as appear to the Department to be required of any provision contained in this Part of this Act.
(3)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.
Textual Amendments
F1Words in s. 153(1) substituted (12.4.1999) by S.R. 1999/50, arts. 1(1)(d), 9
F2S. 153(2)(a) substituted (6.4.1995) by S.I. 1994/1898 (N.I. 12), art. 10(3); S.R. 1994/450, art. 2, Sch. Pt. III
F3154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Textual Amendments
F3S. 154 repealed (6.4.1995) (subject to savings made by regulations under s. 155A(4) of this Act) by S.R. 1995/69, art. 5
F4155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.I.
Textual Amendments
F4S. 155 repealed (6.4.1995 subject to savings made by regulation under s. 155A(4) of this Act) by S.R. 1995/69, art. 5(a)
[F5155A Power to provide for recovery by employers of sums paid by way of statutory sick pay.N.I.
(1)[F6The Secretary of State]] may by order provide for the recovery by employers, in accordance with the order, of the amount (if any) by which their payments of, or liability incurred for, statutory sick pay in any period exceeds the specified percentage of the amount of their liability for contributions payments in respect of the corresponding period.
(2)An order under subsection (1) above may include provision—
(a)as to the periods by reference to which the calculation referred to above is to be made,
(b)for amounts which would otherwise be recoverable but which do not exceed the specified minimum for recovery not to be recoverable,
(c)for the rounding up or down of any fraction of a pound which would otherwise result from a calculation made in accordance with the order, and
(d)for any deduction from contributions payments made in accordance with the order to be disregarded for such purposes as may be specified,
and may repeal sections 154 and 155 above and make any amendments of other statutory provisions which are consequential on the repeal of those sections.
(3)In this section—
“contributions payments” means payments which a person is required by or under any statutory provision to make in discharge of any liability of his as an employer in respect of primary or secondary Class 1 contributions; and
“specified” means specified in or determined in accordance with an order under subsection (1).
(4)[F6The Secretary of State] may by regulations make such transitional and consequential provision, and such savings, as it considers necessary or expedient for or in connection with the coming into operation of any order under subsection (1) above.
Textual Amendments
F5S. 155A inserted (22.3.1994) by S.I. 1994/766 (N.I. 5), arts. 1(2), 5(1)
F6Words in s. 155A(1)(4) substituted (24.3.1999 for specified purposes and 1.4.1999 otherwise) by S.I. 1999/671, arts. 1(2)(b), 3(1), Sch. 1 para. 11 (with savings and transitional provisions in Sch. 7); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6)