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The Statutory Sick Pay (General) Regulations 1982
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- UK Statutory Instruments
- 1982 No. 894
- Regulation 16
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Meaning of “employee”
16.—(1) In a case where, and in so far as, a person over the age of 16 is treated as an employed earner by virtue of the Social Security (Categorisation of Earners) Regulations 1978(1), he shall be treated as an employee for the purposes of Part I and in a case where, and in so far as, such a person is treated otherwise than as an employed earner by virtue of those regulations, he shall not be treated as an employee for the purposes of Part I.
(2) A person who is in employed earner's employment within the meaning of the Social Security Act 1975 but whose employer—
(a)does not fulfil the conditions prescribed in regulation 119(1)(b) of the Social Security (Contributions) Regulations 1979(2) as to residence or presence in Great Britain, or
(b)is a person who, by reason of any international treaty to which the United Kingdom is a party or of any international convention binding the United Kingdom—
(i)is exempt from the provisions of the Social Security Act 1975, or
(ii)is a person against whom the provisions of that Act are not enforceable,
shall not be treated as an employee for the purposes of Part I.
(1)
amended by S.I. 1980/1713.
(2)
to which there are amendments not relevant to these regulations.
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