The Social Security Contributions, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 1996

Amendment of the Statutory Sick Pay (General) Regulations 1982

2.—(1) The Statutory Sick Pay (General) Regulations 1982(1) shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 1(2) (interpretation), after the definition of “the Contributions and Benefits Act”(2) there shall be inserted—

““income tax month” means the period beginning on the 6th day of any calendar month and ending on the 5th day of the following calendar month;”.

(3) In regulation 7(2) (time and manner of notification of incapacity for work)—

(a) after the word “given” where it first occurs there shall be inserted the words “one month”; and

(b) after the words “it later” there shall be inserted “or if in the particular circumstances that is not practicable, as soon as it is reasonably practicable thereafter”.

(4) In regulation 13(3) (records to be maintained by employers)—

(a) for sub-paragraphs (b) to (d) of paragraph (1) there shall be substituted—

“and

(b) any payment of statutory sick pay made in respect of any day recorded under sub-paragraph (a).”; and

(b) paragraphs (2) to (5) shall be omitted.

(5) In regulation 15(4) (provision of information by employers to employees)—

(a) in paragraph (1)—

(i) at the beginning there shall be inserted the words “Subject to paragraph (1A),”, and

(ii) after the word “purpose” there shall be inserted the words “or in a form in which it can be processed by equipment operating automatically in response to instructions given for that purpose”;

(b) after paragraph (1) there shall be inserted—

“(1A) For the purposes of paragraph (1), where, in the particular circumstances of a case, it is not practicable for the employer to furnish the information within the specified time mentioned in paragraph (2), (3), (4)(b)(ii) or (5), he shall, not later than the first pay day within the meaning of regulation 9(1) immediately following the relevant specified time, furnish the information to his employee.”; and

(c) in sub-paragraph (b) of paragraph (4) the words from “or, if later” to the end shall be omitted.

(6) In regulation 15A(5) (statements relating to the payment of statutory sick pay)—

(a) in paragraph (1)—

(i) after sub-paragraph (c) there shall be added—

“and

(d) the employee requests one or more statements in relation to the payment of statutory sick pay,”,

(ii) for the words “a statement” there shall be substituted the words “one or more statements”, and

(iii) for the words “employment ending” there shall be substituted—

“employee making the request under sub-paragraph (d), or where it is not practicable, not later than his first pay day within the meaning of regulation 9(1) which would have fallen within the next income tax month immediately following that request.”; and

(b) paragraph (7) shall be omitted.

(1)

S.I. 1982/894.

(2)

The definition was inserted by S.I. 1992/2595.

(3)

Regulation 13 was amended by S.I. 1986/477.

(4)

Regulation 15 was amended by S.I. 1986/477 and 1995/829.

(5)

Regulation 15A was inserted by S.I. 1986/477 and further amended by S.I. 1987/868.