2020 No. 304

Social Security

The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 2) Regulations 2020

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred by sections 151(4), 153(6), 163(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921, makes the following Regulations.

In accordance with section 173(1)(a) of the Social Security Administration Act 19922, it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Social Security Advisory Committee.

Citation and commencement1

These Regulations may be cited as the Statutory Sick Pay (General) (Coronavirus Amendment) (No. 2) Regulations 2020 and come into force on 17th March 2020.

Amendment of the Statutory Sick Pay (General) Regulations 19822

1

Regulation 2 of the Statutory Sick Pay (General) Regulations 19823 is amended as follows.

2

In paragraph (1)(c)(i)—

a

omit “disease”;

b

for “12th” substitute “16th”.

3

In paragraph (4) for the definition of “coronavirus disease” substitute—

  • “coronavirus” means severe acute respiratory syndrome coronavirus 2.

Expiry3

1

The Secretary of State must keep the operation of these Regulations under review.

2

These Regulations cease to have effect at the end of the period of eight months beginning on 13th March 2020.

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

Mims DaviesParliamentary Under Secretary of StateDepartment for Work and Pensions
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Statutory Sick Pay (General) Regulations 1982 (“the 1982 Regulations”).

Regulation 2(1) of the 1982 Regulations provides for categories of people to be treated as incapable of work for the purposes of claiming statutory sick pay. The Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020 (S.I. 2020/287) amend regulation 2(1) to provide that a person who is isolating himself from others in accordance with advice on coronavirus disease effective on 12th March 2020 is deemed to be incapable of work. These Regulations amend that date to 16th March 2020.

That guidance is published in digital form and hard copies can be provided on request by writing to Legislation Team, Department for Work and Pensions, Caxton House, Tothill St, Westminster, London SW1H 9NA.

There is a requirement for the Secretary of State to keep these regulations under review, and they will cease to have effect eight months after 13th March 2020 (the date the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020 came into force).

No regulatory impact assessment has been produced for these Regulations in view of the urgency required to ensure that reference is made to the latest guidance in order to encourage self-isolation and to minimise the risks to public health arising from coronavirus disease.