Coronavirus Act 2020 (c. 7)

PART 1 U.K. Main provisions

Statutory sick pay U.K.

F1 39 Statutory sick pay: funding of employers' liabilities E+W+S

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Textual Amendments

F1 S. 39 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F2 40 Statutory sick pay: power to disapply waiting period limitation E+W+S

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Textual Amendments

F2 S. 40 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F3 41 Statutory sick pay: modification of regulation making powers E+W+S

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Textual Amendments

F3 S. 41 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

F4 42 Statutory sick pay: funding of employers' liabilities: Northern Ireland N.I.

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Textual Amendments

F4 S. 42 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

43 Statutory sick pay: power to disapply waiting period limitation: Northern Ireland N.I.

(1) The Secretary of State may by regulations make provision disapplying section 151(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 in relation to an employee whose incapacity for work is related to coronavirus.

(2) Regulations under subsection (1) may make provision about when an employee's incapacity for work is related to coronavirus.

(3) Section 171(3) to (5) and (10) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 applies to regulations made under subsection (1) as if that subsection were contained in that Act.

(4) Regulations under subsection (1) may have retrospective effect in relation to a day of incapacity for work that falls on or after 13 March 2020.

(5) In this section “employee” and “incapacity for work” have the same meaning as in Part 11 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

(6) A statutory instrument containing regulations under subsection (1) is subject to annulment in pursuance of a resolution of either House of Parliament.

44 Statutory sick pay: modification of regulation making powers: Northern Ireland N.I.

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 has effect as if—

(a) in section 147 (employer's liability for statutory sick pay), after subsection (4) there were inserted—

“(4A) Regulations under subsection (4) may make provision about whether an employee is deemed to be incapable (as referred to in that subsection) in relation to severe acute respiratory syndrome coronavirus 2 by reference to guidance or any other document published by the Regional Agency for Public Health and Social Well-being, Public Health England, NHS National Services Scotland, the Public Health Wales National Health Service Trust or any other person specified in the regulations as that guidance or other document is amended from time to time.”;

(b) in section 171 (regulations), after subsection (5) there were inserted—

“(5A) But regulations under—

(a) section 147(4) in relation to severe acute respiratory syndrome coronavirus 2, or

(b) section 155B,

may provide for a person to exercise a discretion in dealing with any matter under those regulations.”

Modifications etc. (not altering text)

C1 S. 44 continued until 24.9.2022 (23.3.2022) by The Coronavirus Act 2020 (Extension of Provisions Relating to Statutory Sick Pay) Order (Northern Ireland) 2022 (S.R. 2022/151), art. 2