2021 No. 347

Social SecurityTerms And Conditions Of Employment

The Statutory Sick Pay (Medical Evidence) (Modification) Regulations (Northern Ireland) 2021

Made

Coming into operation

The Department for Communities1, makes the following Regulations in exercise of the powers conferred by sections 12(2)(b) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 19922 and now vested in it3, with the concurrence of the Commissioners for Her Majesty’s Revenue and Customs, in so far as such concurrence is required4.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Statutory Sick Pay (Medical Evidence) (Modification) Regulations (Northern Ireland) 2021 and come into operation on 17th December 2021.

2

The Interpretation Act (Northern Ireland) 19545 shall apply to these Regulations as it applies to an Act of the Assembly.

3

In these Regulations—

  • “the 1985 Regulations” means the Statutory Sick Pay (Medical Evidence) Regulations (Northern Ireland) 19856;

  • “spell of incapacity” has the meaning given in by regulation 2(2) of the 1985 Regulations.

Modification of the 1985 Regulations2

1

Where this regulation applies, regulation 2(2) of the 1985 Regulations7 has effect as if for “7 days” there were substituted “28 days”.

2

Regulation 2(1) applies in relation to a person who has a spell of incapacity for work which—

a

has commenced prior to the date on which these Regulations come into operation but which, on that date, has lasted for no longer than 7 days; or

b

commences on any day during the inclusive period which—

i

begins with the date on which these Regulations come into operation; and

ii

ends at the end of 26th January 2022.

Sealed with the Official Seal of the Department for Communities on 16th December 2021

(L.S.)Anne McClearyA senior officer of the Department for Communities

The Commissioners for Her Majesty’s Revenue and Customs hereby concur.

Myrtle LloydJoanna RowlandTwo of the Commissioners of Her Majesty’s Revenue and Customs
EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 of these Regulations amends the Statutory Sick Pay (Medical Evidence) Regulations Northern Ireland) 1985 to provide that an employee shall not be required to provide medical information in respect of the first 28 days of any spell of incapacity for work. Regulation 2(2) limits the application of this modification to spells of incapacity for work which either start during the period 17th December to 26th January or which commence prior to the Regulations coming into operation but which have not lasted more than 7 days on that date (and hence the requirement to provide medical evidence has not yet arisen).

These Regulations make, in relation to Northern Ireland, only provision corresponding to provision 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.

No regulatory impact assessment has been produced for these Regulations as it makes provision which is to have effect for a period of less than 12 months.