The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 2) Regulations (Northern Ireland) 2020

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 (“the 1982 Regulations”).

Regulation 2(1) of the 1982 Regulations provides for categories of people to be treated as incapable of work for the purposes of claiming statutory sick pay. The Statutory Sick Pay (General) (Coronavirus Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/32) amend regulation 2(1) to provide that a person who is isolating himself from others in accordance with advice on coronavirus disease effective on 12th March 2020 is deemed to be incapable of work. These Regulations amend that date to 16th March 2020.

That guidance is published in digital form only on www.publichealth.hscni.net/news/covid-19-coronavirus.

There is a requirement for the Department to keep these Regulations under review, and they will cease to have effect eight months after 13th March 2020 (the date the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations (Northern Ireland) 2020 came into operation.

No regulatory impact assessment has been produced for these Regulations in view of the urgency required to ensure that reference is made to the latest guidance in order to encourage self-isolation and to minimise the risks to public health arising from coronavirus disease.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.