Statutory Instrument 1996 No. 3042

The Statutory Sick Pay (General) Amendment Regulations 1996

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© Crown Copyright 1996

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1996 No. 3042

TERMS AND CONDITIONS OF EMPLOYMENT

The Statutory Sick Pay (General) Amendment Regulations 1996

The Secretary of State for Social Security in exercise of powers conferred by sections 130(4), 189(1) to (3) and 191 of the Social Security Administration Act 1992^[1] and of all other powers enabling him in that behalf, and after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it^[2], hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Statutory Sick Pay (General) Amendment Regulations 1996 and shall come into force on 6th April 1997.

Amendment of the Statutory Sick Pay (General) Regulations 1982
    2.    In regulation 13 of the Statutory Sick Pay (General) Regulations 1982 (records to be maintained by employers)^[3] after paragraph (1), insert-
"  (1A)  For the purposes of paragraph (1)(b) only, the employer is not to be regarded as having made a payment of statutory sick pay where, in respect of any day recorded under paragraph (1)(a), the employee is entitled to receive, and does in fact receive, a payment or payments by way of contractual remuneration from his employer which, in aggregate, equal or exceed the amount of statutory sick pay payable in respect of that day." .

Signed by authority of the Secretary of State for Social Security.

Oliver Heald

Parliamentary Under-Secretary of State, Department of Social Security

4th December 1996

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

Regulation 2 amends regulation 13 of the Statutory Sick Pay (General) Regulations 1982 (which relates to records to be maintained by employers) by inserting a new paragraph (1A) which provides that any payment, or payments, of contractual remuneration which equal or exceed the amount of statutory sick pay payable in respect of a day of incapacity, shall not be regarded as a payment of statutory sick pay for the purpose of the record keeping requirements of that regulation only.

These Regulations do not impose any costs on business.

[1] 1992 c. 5; section 191 is cited because of the meaning ascribed to the word "prescribe". back

[2] See section 173(1)(b) of the Social Security Administration Act 1992. back

[3] S.I. 1982/894. The relevant amending instruments are S.I. 1986/477 and 1996/777. back