The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982

EXPLANATORY NOTE

These Regulations make provisions about statutory sick pay under Part I of the Social Security and Housing Benefits Act 1982 as it affects mariners, airmen, persons abroad and persons employed in operations on the Continental Shelf.

Under section 26(1) of the Act, a person is not, as a rule, an “employee”, and therefore not qualified to receive statutory sick pay, unless he is employed in Great Britain. Regulations 5 to 8 prescribe exceptions to this rule, so that certain persons who are employed in other member States of the European Communities but subject to the legislation of the United Kingdom, certain mariners and airmen, and certain persons employed on the Continental Shelf, are “employees” though employed outside Great Britain; and so that certain limited classes of mariners and airmen are not “employees” though employed in Great Britain.

Regulation 10 makes provision for a period of entitlement to statutory sick pay to end if the employee goes outside the member States of the European Communities, or not to arise if he is already outside them, and regulations 11 to 13 set out exceptions applying to mariners, airmen and persons employed on the Continental Shelf.

Some of the requirements of Part I of the Act and regulations made under it impose time limits. Regulation 14 relaxes those requirements in their application to persons who are outside the United Kingdom and for that reason cannot comply with them.