The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations (Northern Ireland) 2020

Citation and commencement N.I.

1.  These Regulations may be cited as the Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations (Northern Ireland) 2020 and come into operation on 28th March 2020.

Suspension of waiting days N.I.

2.—(1) Section 151(1) (limitations on entitlement) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (the 1992 Act) does not apply in relation to an employee where—

(a) that employee's period of incapacity for work is related to coronavirus; and

(b) the first day of incapacity for work in that period arose on or after 13th March 2020.

(2) Paragraph (1) applies in relation to a day of incapacity for work that falls on or after 13^th March 2020.

(3) In this regulation—

(a) “period of incapacity for work” has the meaning given by section 148 of the 1992 Act;

(b) a period of incapacity for work is related to coronavirus if the employee is—

(i) incapable by reason of infection or contamination with coronavirus, or

(ii) deemed, in accordance with regulation 2(1)(c) [F1 or (d)] of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 M1 to be incapable by reason of coronavirus,

of doing work which the employee can reasonably be expected to do under the employee's contract of service.

(4) The reference to 2(1)(c) [F2 or (d)] in paragraph (3)(b) above is a reference to the regulation which was in force on the first day of incapacity for work in question.

Textual Amendments

F1 Words in reg. 2(3)(b)(ii) inserted (6.7.2020) by The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) (No.2) Regulations (Northern Ireland) 2020 (S.R. 2020/134), regs. 1, 3

F2 Words in reg. 2(4) inserted (6.7.2020) by virtue of The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) (No.2) Regulations (Northern Ireland) 2020 (S.R. 2020/134), regs. 1, 3

Modifications etc. (not altering text)

C1 Reg. 2 continued (with modifications) for specified purposes (25.9.2022) by The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days) (Saving Provision) (Northern Ireland) Regulations 2022 (S.I. 2022/987), regs. 1(1), 2

Marginal Citations

M1 S.R. 1982 No. 263. Regulation 2(1)(c) was inserted by regulation 2(2)(c) of S.R. 2020 No. 32 and amended by regulation 2(2)(b) of S.R. 2020 No. 37

Amendment of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 N.I.

3.—(1) The Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 are amended as follows.

(2) In regulation 2(1)(c)(i) (persons deemed incapable of work) for the words starting with “guidance published by” to the end of paragraph (i) substitute “ the Schedule ”.

(3) After regulation 21A insert the Schedule set out in the Schedule to these Regulations.

Amendment of the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations (Northern Ireland) 2020 N.I.

4.  Omit regulation 3 (expiry) of the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations (Northern Ireland) 2020 M2 .

Marginal Citations

M2 S.R.2020 No.32

Amendment of the Statutory Sick Pay (General) (Coronavirus Amendment) (No.2) Regulations (Northern Ireland) 2020 N.I.

5.  Omit regulation 3 (expiry) of the Statutory Sick Pay (General) (Coronavirus Amendment) (No.2) Regulations (Northern Ireland) 2020 M3 .

Marginal Citations

M3 S.R.2020 No.37

Thérèse Coffey

Secretary of State

Department for Work and Pensions