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5.—(1) The Statutory Sick Pay (General) Regulations 1982(1) are amended as follows.
(2) In regulation 3 (period of entitlement ending or not arising) after paragraph (2A) insert—
“(2B) Paragraph (2A) shall not apply, in the case of an employee who was entitled to incapacity benefit, where paragraph 2(d)(i) of Schedule 11 to the Contributions and Benefits Act ceases to have effect by virtue of paragraph 5A of that Schedule.”.
(3) In regulation 16 (meaning of “employee”), for paragraph (1ZA) substitute—
“(1ZA) Paragraph (1) shall have effect in relation to a person who—
(a)is under the age of 16; and
(b)would or, as the case may be, would not have been treated as an employed earner by virtue of the Social Security (Categorisation of Earners) Regulations 1978 had he been over that age,
as it has effect in relation to a person who is or, as the case may be, is not so treated.”.
S.I. 1982/894. Regulation 3 paragraph (2A) was inserted by S.I. 1998/2231, regulation 6. Regulation 16, paragraph (1ZA) was inserted by S.I. 2006/1031, regulation 49(1), Schedule 8, Part 2, paragraphs 49, 50(1), (3).
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