Social Security Act 1985

PART III Statutory Sick Pay

18 Period of entitlement

(1) In subsection (4) of section 5 of the [1982 c. 24.] Social Security and Housing Benefits Act 1982 (under which the entitlement limit for statutory sick pay is eight times the appropriate weekly rate) for " eight " there shall be substituted " 28".

(2) There shall be omitted—

(a) from subsection (2) of that section, the words " or tax year,";

(b) from subsection (3), the words from " or ", in the first place where it occurs, to " question ", in the second place where it occurs ;

(c) from subsection (5), the words " tax year or " ; and

(d) paragraph 2(h) of Schedule 1 to the [1982 c. 24.] Social Security and Housing Benefits Act 1982.

(3) The following section shall be inserted after section 15 of the [1975 c. 14.] Social Security Act 1975—

“15A Statutory sick pay and entitlement to invalidity pension.

(1) The Secretary of State may by regulations provide that for the purpose of entitlement to invalidity pension such days as may be prescribed in respect of which a person is or has been entitled to statutory sick pay shall be days in respect of which he is deemed to be or to have been entitled to sickness benefit.

(2) A person under pensionable age who is deemed in accordance with regulations under subsection (1) above to have been entitled to sickness benefit for the whole or any part of a period of 168 days such as is mentioned in section 15(1) above shall not be entitled to invalidity pension unless he would have satisfied the contribution conditions for sickness benefit had he claimed that benefit on the first of those days.”.

(4) The following subsection shall be inserted after subsection (3) of section 2 of the Social Security and Housing Benefits Act 1982 (periods of incapacity for work)—

“(3A) The Secretary of State may by regulations direct that a larger number of weeks specified in the regulations shall be substituted for the number for the time being specified in subsection (3) above.”.

(5) The following subsection shall be inserted after subsection (4) of section 3 of that Act (period of entitlement)—

“(4A) The Secretary of State may by regulations—

(a) specify circumstances in which, for the purpose of determining whether an employee's maximum entitlement to statutory sick pay has been reached in a period of entitlement as between him and an employer of his, days falling within a previous period of entitlement as between the employee and any person who is or has in the past been an employer of his are to be counted ; and

(b) direct that in prescribed circumstances an employer shall provide a person who is about to leave his employment, or who has been employed by him in the past, with a statement in the prescribed form containing such information as may be prescribed in relation to any entitlement of the employee to statutory sick pay.”.

(6) In Schedule 2 to that Act (relationship of statutory sick pay with benefits and other payments etc.)—

(a) in paragraph 1, the words " , except as provided by paragraph 1A below, of " shall be inserted before the words " the [1975 c. 60.] Social Security Pensions Act 1975"; and

(b) the following paragraph shall be inserted after that paragraph—

“1A Paragraph 1 above shall not apply for the purpose of determining whether the conditions specified in sections 15(2) and 16(2) respectively of the Social Security Pensions Act 1975 (invalidity pension for widows and for widowers) are satisfied.”.

19 Right of employers to amounts in respect of contributions

(1) In section 9 of the [1982 c. 24.] Social Security and Housing Benefits Act 1982 (recovery by employers of amounts paid by way of statutory sick pay)—

(a) the following subsection shall be inserted after subsection (1)—

“(1A) Regulations shall also make provision—

(a) giving any employer who has made a payment of statutory sick pay a right, except in prescribed circumstances, to an amount determined by reference to secondary Class 1 contributions in such manner as may be prescribed;

(b) for the recovery by an employer, in prescribed circumstances, of the whole or any part of any such amount from contributions payments;

(c) for the payment to an employer by the Secretary of State or by the Commissioners of Inland Revenue on behalf of the Secretary of State, in prescribed circumstances, of the whole or any part of any such amount.”;

(b) in subsection (2), " and subsection (1A)" shall be inserted after " (1)(a)";

(c) in subsection (5), after the words " statutory sick pay " there shall be inserted the words " or deductions or payments made by virtue of subsection (1A) above"; and

(d) in subsection (7), " or subsection (lA)(c)" shall be inserted after " (1)(b)".

(2) Regulations made under any enactment before the expiry of the period of six months beginning with the day on which this Act is passed and contained in a statutory instrument which states that it contains only provisions consequential on subsection (1) above may be framed so as to have effect as from a date earlier than the making of the regulations.

20 Medical evidence

In section 17 of the [1982 c. 24.] Social Security and Housing Benefits Act 1982 (provision of information: general), the following subsection shall be inserted after subsection (2)—

“(2A) The Secretary of State may by regulations direct-

(a) that medical information required under subsection (2) above shall, in such cases as may be prescribed, be provided in a prescribed form ;

(b) that an employee shall not be required under subsection (2) above to provide medical information in respect of such days as may be prescribed in a period of incapacity for work.”.

21 Miscellaneous amendments relating to statutory sick pay

The enactments specified in Schedule 4 shall have effect subject to the amendments there specified.