Social Security Contributions and Benefits Act 1992

Section 153(3).

SCHEDULE 11 E+W+S Circumstances in which periods of entitlement to statutory sick pay do not arise

1 E+W+S A period of entitlement does not arise in relation to a particular period of incapacity for work in any of the circumstances set out in paragraph 2 below or in such other circumstances as may be prescribed.

[F1 1A E+W+S Regulations under paragraph 1 above must be made with the concurrence of the Treasury.]

Textual Amendments

F1 Sch. 11 para. 1A inserted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 20; S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

2 E+W+S The circumstances are that—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) at the relevant date the employee’s normal weekly earnings are less than the lower earnings limit then in force under section 5(1)(a) above;

[F4 (d) in the period of 57 days ending immediately before the relevant date the employee had at least one day on which—

(i) he was entitled to incapacity benefit (or would have been so entitled had he satisfied the contribution conditions mentioned in section 30A(2)(a) above), F5 ...

F6 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F7 (dd) in the period of 85 days ending immediately before the relevant date the employee had at least one day on which he was entitled to an employment and support allowance (or would have been so entitled had he satisfied the requirements in section 1(2) of the Welfare Reform Act 2007.]

(f) the employee has done no work for his employer under his contract of service;

(g) on the relevant date there is F8 ... a stoppage of work due to a trade dispute at the employee’s place of employment;

(h) the employee is, or has been, pregnant and the relevant date falls within the disqualifying period (within the meaning of section 153(12) above).

Textual Amendments

F2 Sch. 11 para. 2(a) omitted (1.10.2006 with application in accordance with Sch. 8 para. 13(2)(3) of the amending S.I.) by virtue of The Employment Equality (Age) Regulations 2006 (S.I. 2006/1031), reg. 1(1), Sch. 8 para. 13(1)

F3 Sch. 11 para. 2(b) repealed (1.10.2002 with effect where the relevant date falls on or after that day) by The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (S.I. 2002/2034), reg. 1(1), Sch. 2 para. 1(a) (with Sch. 2 para. 4)

F4 Sch. 11 para. 2(d) substituted for Sch. 11 para. 2(d)(e) (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 43(2); S.I. 1994/2926, art. 2(4), Sch. Pt. 4

F5 Sch. 11 para. 2(d)(iii) and preceding word repealed (with savings for those entitled to severe disablement allowance for days immediately before 6.4.2001) (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 13 Pt. IV; S.I. 2000/2958, art. 2(3)(g)(4)(5) (with art. 4)

F6 Sch. 11 para. 2(d)(ii) repealed (6.4.1999) by Social Security Act 1998 (c. 14), ss. 73, 87(2), Sch. 8; S.I. 1998/2209, art. 2(d)

F7 Sch. 11 para. 2(dd) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 44

F8 Words in Sch. 11 para. 2(g) repealed (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 3; S.I. 1996/2208, art. 2(b)

3 E+W+S In this Schedule “relevant date” means the date on which a period of entitlement would begin in accordance with section 153 above if this Schedule did not prevent it arising.

F9 4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 11 para. 4 repealed (1.10.2002 with effect where the relevant date falls on or after that day) by The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (S.I. 2002/2034), reg. 1(1), Sch. 2 para. 1(b) (with Sch. 2 para. 4)

F10 5 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 11 para. 5 repealed (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 43(3), Sch. 2; S.I. 1994/2926, art. 2(4), Sch. Pt. 4

[F11 5A. (1) Paragraph 2(d)(i) above does not apply if, at the relevant date, the employee is over pensionable age and is not entitled to incapacity benefit. E+W+S

(2) Paragraph 2(d)(i) above ceases to apply if, at any time after the relevant date, the employee is over pensionable age and is not entitled to incapacity benefit.

(3) In this paragraph “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995.]

Textual Amendments

F11 Sch. 11 para. 5A inserted (6.4.2007) by The Employment Equality (Age) (Consequential Amendments) Regulations 2007 (S.I. 2007/825), regs. 1, 2(2)

6 E+W+S For the purposes of paragraph 2(f) above, if an employee enters into a contract of service which is to take effect not more than 8 weeks after the date on which a previous contract of service entered into by him with the same employer ceased to have effect, the two contracts shall be treated as one.

7 E+W+S Paragraph 2(g) above does not apply in the case of an employee who proves that at no time on or before the relevant date did he have a direct interest in the trade dispute in question.

8 E+W+S Paragraph 2(h) above does not apply in relation to an employee who has been pregnant if her pregnancy terminated, before the beginning of the disqualifying period, otherwise than by confinement (as defined for the purposes of statutory maternity pay in section 171(1) above).