Explanatory Note

(This note is not part of the Order)

This Order is made only for purposes corresponding to those of sections 1 to 3 of the Statutory Sick Pay Act 1994.

Article 3 amends section 154 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 so as to abolish the right of employers to recover 80 per cent. of statutory sick pay paid to employees. However, “small employers” are affected only to the extent that they will no longer be entitled to recover that percentage of statutory sick pay paid to employees for the first four weeks of incapacity.

A consequential amendment is made in relation to the entitlement to statutory sick pay of women between the ages of 60 and 65.

Article 5 enables regulations to provide for the recovery by employers of sums paid by way of statutory sick pay in certain circumstances.