2020 No. 374
The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020
Made
Laid before Parliament
Coming into operation
The Secretary of State, in exercise of the powers conferred by sections 151(4) and (4A) and 175(1) and (3) to (5A) of the Social Security Contributions and Benefits Act 1992 M1 and section 40(1) to (4) of the Coronavirus Act 2020 M2, makes the following Regulations.
In accordance with section 173(1)(a) of the Social Security Administration Act 1992 M3, 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 regulations 3 to 5 of these Regulations to the Social Security Advisory Committee.
Citation and commencementI11
These Regulations may be cited as the Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 and come into force on 28th March 2020.
Suspension of waiting daysI2C12
1
Section 155(1) (limitations on entitlement) of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) does not apply in relation to an employee where—
a
that employee's period of incapacity for work is related to coronavirus; and
b
the first day of incapacity for work in that period arose on or after 13th March 2020.
2
Paragraph (1) applies in relation to a day of incapacity for work that falls on or after 13th March 2020.
3
In this regulation—
a
“period of incapacity for work” has the meaning given by section 152 of the 1992 Act; and
b
a period of incapacity for work is related to coronavirus if the employee is—
i
incapable by reason of infection or contamination with coronavirus, or
ii
of doing work which the employee can reasonably be expected to do under the employee's contract of service.
4
The reference to regulation 2(1)(c) F2or (d) in paragraph (3)(b) above is a reference to the regulation which was in force on the first day of incapacity for work in question.
Amendment of the Statutory Sick Pay (General) Regulations 1982I33
1
The Statutory Sick Pay (General) Regulations 1982 are amended as follows.
2
In regulation 2(1)(c)(i) (persons deemed incapable of work) for the words starting with “guidance published by” to the end of the paragraph (i) substitute “
the Schedule
”
.
3
In regulation 2(4) omit the definition of “Public Health England”.
4
After regulation 21A insert the Schedule set out in the Schedule to these Regulations.
Amendment of the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020I44
Omit regulation 3 (expiry) of the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020 M5.
Amendment of the Statutory Sick Pay (General) (Coronavirus Amendment) (No. 2) Regulations 2020I55
Omit regulation 3 (expiry) of the Statutory Sick Pay (General) (Coronavirus Amendment) (No. 2) Regulations 2020 M6.
I6SCHEDULESCHEDULE TO BE INSERTED IN THE STATUTORY SICK PAY (GENERAL) REGULATIONS 1982
Sch. in force at 28.3.2020, see reg. 1
SCHEDULE ISOLATION DUE TO CORONAVIRUS
1
A person is isolating himself from other people in such a manner as to prevent infection or contamination with coronavirus in accordance with this Schedule if he is doing so pursuant to paragraphs 2 to 5.
2
The person has symptoms of coronavirus, however mild, and is staying at home for 7 days, beginning with the day (“day 1”) the symptoms started.
3
The person lives with someone who is isolating himself in accordance with paragraph 2, and that person is staying at home for 14 days, beginning with day 1.
4
The person is staying at home under paragraph 3 and develops the symptoms of coronavirus, however mild, and is staying at home for 7 days, beginning with the day the symptoms started.
5
Where the person is staying at home pursuant to paragraph 4, paragraph 3 no longer applies to that person.
6
In this Schedule–
“Chief Medical Officer” means—
- a
the Chief Medical Officer of the Department of Health and Social Care; and
- b
the Officer with corresponding functions in relation to Scotland and Wales;
“Deputy Chief Medical Officer” is to be construed by reference to the definition of “Chief Medical Officer”; and
“symptoms of coronavirus” means the recent onset of —
- a
a continuous cough;
- b
a high temperature;
- c
both a continuous cough and a high temperature; or
- d
any other symptoms of coronavirus as may be specified by the Chief Medical Officer or one of the Deputy Chief Medical Officers in guidance as amended from time to time.
1992 c. 4. Sections 151(4A) and 175(5A) were inserted by section 41 of the Coronavirus Act 2020. Section 151(4) was amended by section 11(1) of and paragraph 34 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994. Section 175(1) and (4) was amended by section 2 of and paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 c. 2. Section 175(5) was amended by section 11(1) of and paragraph 34 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 c. 18.