The Statutory Sick Pay Act 1994 (Consequential) Regulations 1994

• Citation: S.I. 1994/730
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Statutory Sick Pay Act 1994 (Consequential) Regulations 1994 and shall come into force on 6th April 1994.

(2) In these Regulations—

“ the Act ” means the Statutory Sick Pay Act 1994;

“the Compensation of Employers Regulations ” means the Statutory Sick Pay (Compensation of Employers) and Miscellaneous Provisions Regulations 1983 ;

“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992; and

“the Recoupment Regulations ” means the Social Security (Recoupment) Regulations 1990 .

Section 2 Amendment of the Compensation of Employers Regulations

In regulation 2(1) of the Compensation of Employers Regulations (deductions from contributions payments) the words “, and an amount equal to 80 per cent. of the aggregate of such of those payments as do not so qualify,” shall be omitted.

Section 3 Amendment of the Recoupment Regulations

In regulation 2 of the Recoupment Regulations (relevant benefits) sub-paragraph (1) of paragraph (1) and paragraph (3) shall be omitted.

Section 4 Transitional Provisions

The Compensation of Employers Regulations shall continue to have effect for the purpose of entitling an employer to recover an amount equal to 80 per cent. of the aggregate of any payments of statutory sick pay paid (whether before or after 6th April 1994) in respect of any day of incapacity for work before 6th April 1994 as if section 1 of the Act had not been enacted and regulation 2 of these Regulations had not come into force.

Section 5 Transitional Provisions

(1) The Recoupment Regulations shall continue to have effect for the purpose of entitling the Secretary of State to recover —

(a) an amount equal to any statutory sick pay paid between 1st January 1989 and 5th April 1991; and

(b) an amount equal to 80 per cent. of any statutory sick pay paid between 6th April 1991 and 5th April 1994,

from compensation payments as if section 1(2) of the Act had not been enacted and regulation 3 of these Regulations had not come into force.

(2) In this regulation “compensation payments” shall have the same meaning as in section 81(1) of the Social Security Administration Act 1992.

Section 6 Transitional Provisions

(1) Subject to paragraph (2) below, where a woman over the age of 60 has a period of incapacity for work in relation to her contract of service and that period of incapacity for work began before 6th April 1994 and had not come to an end before that date, a period of entitlement to statutory sick pay shall be deemed to arise subject to the provisions of section 153(3) of, and Schedule 11 to the Contributions and Benefits Act, on the first day of incapacity arising on or after 6th April 1994.

(2) Where a woman over the age of 60 receives remuneration under a contract of service and such remuneration is equal to, or more than the appropriate rate of statutory sick pay as specified in section 157(1) of the Contributions and Benefits Act, no period of entitlement to statutory sick pay will arise.