The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 6) Regulations 2020

Statutory Instruments

2020 No. 892

Social Security

Terms And Conditions Of Employment

The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 6) Regulations 2020

Made

24th August 2020

Laid before Parliament

25th August 2020

Coming into force

26th August 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 151(4) and (4A) and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992(1).

In accordance with section 173(1)(a) of the Social Security Administration Act 1992(2), 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 commencement

1.  These Regulations may be cited as the Statutory Sick Pay (General) (Coronavirus Amendment) (No. 6) Regulations 2020 and come into force on 26th August 2020.

Amendment of the Statutory Sick Pay (General) Regulations 1982

2.—(1) Schedule 1 to the Statutory Sick Pay (General) Regulations 1982(3) (isolation due to coronavirus) is amended as follows.

(2) In paragraph 1, for “5F” substitute “5G”.

(3) In paragraph 5E(b), after “sub-paragraph (a),” insert “until”.

(4) After paragraph 5F insert—

“5G.   The person—

(a) has received a pre-surgery notification;

(b) has been advised to stay at home for a period of up to 14 days before the date on which the person is to be admitted to hospital for the purpose of undergoing the procedure referred to in the pre-surgery notification; and

(c) is staying at home in accordance with that advice.”.

(5) In paragraph 6, insert in the appropriate place—

““pre-surgery notification” means a notification in writing, advising a person that they are to undergo a surgical or other hospital procedure, which is sent by or on behalf of—

(a)

any person or body who may issue a relevant notification; or

(b)

a registered medical practitioner;”.

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

Will Quince

Parliamentary Under Secretary of State

Department for Work and Pensions

24th August 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2(2), (4) and (5) of these Regulations amends Schedule 1 to the Statutory Sick Pay (General) Regulations 1982 (S.I. 1982/894) to provide that a person is entitled to statutory sick pay if they—

(a) have been notified that they are to undergo a surgical or other hospital procedure;

(b) have been advised to stay at home for a period of up to 14 days prior to being admitted to hospital for that procedure; and

(c) stay at home pursuant to that advice.

Paragraph (3) corrects an error in that Schedule.

No regulatory impact assessment has been produced for these Regulations in view of the urgency required to provide additional financial support to those unable to work as a result of coronavirus.

(1)

1992 c. 4. Section 151(4) was amended by paragraph 34 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18). Section 151 has effect as if subsection (4A) were inserted by virtue of section 41(1) of the Coronavirus Act 2020 (c.7). Section 175(4) was amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

(2)

1992 c. 5.

(3)

S.I. 1982/894. Relevant amending instruments are S.I. 2020/287, 304, 374, 427, 539, 681 and 829.