The Statutory Sick Pay (General) (Amendment) Regulations 2008

Statutory Instruments

2008 No. 1735

Social Security

Terms And Conditions Of Employment

The Statutory Sick Pay (General) (Amendment) Regulations 2008

Made

1st July 2008

Laid before Parliament

7th July 2008

Coming into force

27th October 2008

The Secretary of State for Work and Pensions, in exercise of the powers conferred by section 153(5) of the Social Security Contributions and Benefits Act 1992(1) and section 130(2) of the Social Security Administration Act 1992(2) and after consultation with the Social Security Advisory Committee(3), makes the following Regulations.

Citation and commencement

1.  These Regulations may be cited as the Statutory Sick Pay (General) (Amendment) Regulations 2008 and shall come into force on 27th October 2008.      

Amendment of the Statutory Sick Pay (General) Regulations 1982

2.—(1) The Statutory Sick Pay (General) Regulations 1982(4) are amended as follows.

(2) In regulation 15 (provision of information by employers to employees)—

(a) for paragraph (3)(a) substitute—

“(a) the information mentioned in paragraph (1) above is a statement informing the employee of—

(i) the reason why the period of entitlement ended;

(ii) the date of the last day in respect of which the employer is or was liable to make a payment of statutory sick pay to him.”.

(b) for paragraph (4)(a) substitute—

“(a) the information mentioned in paragraph (1) above is a statement informing the employee of—

(i) the reason why the period of entitlement is expected to end;

(ii) the date of the last day in respect of which the employer is or was expected to be liable to make a payment of statutory sick pay to him.”.

Revocation

3.  Regulations 3A (maximum entitlement to Statutory Sick Pay in a period of entitlement) and 15A (statements relating to the payment of statutory sick pay) of the Statutory Sick Pay (General) Regulations 1982 are revoked.

Signed by authority of the Secretary of State for Work and Pensions.

William D. McKenzie

Parliamentary Under-Secretary of State

Department for Work and Pensions

1st July 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Statutory Sick Pay (General) Regulations 1982 (S.I. 1982/894) (“the principal regulations”).

Regulation 2(2) amends regulation 15 of the principal regulations which makes provision about the information that is to be provided by employers to employees.

Regulation 3 revokes regulation 3A and 15A of the principal regulations. Regulation 3A provides for an employer to determine whether an employee`s maximum entitlement to statutory sick pay in relation to certain days falling within previous periods of entitlement has been reached. Regulation 15A provides for an employer to supply statements concerning an employee’s statutory sick pay entitlement where an employee leaves his employment with his employer.

These Regulations reduce the costs on business, charities and the voluntary sector; an assessment of this impact has been made. Copies of the Impact Assessment are available in the libraries of both Houses of Parliament and may also be obtained from the Better Regulation Unit of the Department for Work and Pensions, Level 4, The Adelphi, 1-11 John Adam Street, London WC2N 6HT or from the DWP website: http://www.dwp.gov.uk/resourcecentre/ria.asp.

(1)

1992 c.4.

(2)

1992 c.5. By virtue of section 189(1) of the Social Security Administration Act 1992, regulations under section 130(2) fall to be made by the Secretary of State.

(3)

See the Social Security Administration Act 1992 (c.5), section 172(1).

(4)

S.I. 1982/894; the relevant amending instrument is S.I.1986/477.