Explanatory Note
(This note is not part of the Regulations)
These regulations, which come into force on 6th April 1987, introduce new provisions into the Statutory Sick Pay (General) Regulations 1982. They prescribe the circumstances in which the liability to pay statutory sick pay is to be that of the Secretary of State and not the employer. Those circumstances are where an adjudicating authority has determined that statutory sick pay is payable but the employer neither pays the amount due nor appeals against the decision (regulation 9A) and where the employer was insolvent at the time (regulation 9B). Provision is also made (regulation 9C) requiring the Secretary of State to make the payments for which he is liable at weekly intervals.
The regulations are made under section 1(5) of the Social Security and Housing Benefits Act 1982, which is inserted by section 68 of the Social Security Act 1986 and under sections 51(1)(k) and (4) and 89(1) of the Act of 1986. Those provisions have not yet been in force for 12 months. Accordingly the regulations are exempt, by section 61(5) of the Social Security Act 1986, from reference to the Social Security Advisory Committee and have not been so referred.