The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) (No. 2) Regulations 2020

• Citation: S.I. 2020/681
• Sections: 8

Section 1 Citation and commencement

These Regulations may be cited as the Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) (No. 2) Regulations 2020 and come into force on 6th July 2020.

Section 2 Amendment of the Statutory Sick Pay (General) Regulations 1982

(1) The Statutory Sick Pay (General) Regulations 1982 are amended as follows.

(2) In regulation 2(1) (persons deemed incapable of work)—

(a) at the end of sub-paragraph (b) omit “or”;

(b) in sub-paragraph (c)—

(i) in head (i), for “the Schedule” substitute “Schedule 1”;

(ii) at the end insert “; or”;

(c) after sub-paragraph (c) insert—

(d) he is—

(i) shielding himself in such a manner as to prevent infection or contamination with coronavirus in accordance with Schedule 2; and

(ii) by reason of that shielding is unable to work.

(3) In regulation 2(4), after “paragraph (1)(c)” insert “and (d) and Schedules 1 and 2”.

(4) The Schedule (isolation due to coronavirus) is renumbered Schedule 1.

(5) The renumbered Schedule 1 is amended in accordance with paragraphs (6) to (10).

(6) At the end of paragraphs 2 and 4 insert “or, if earlier, until the end of the isolation period”.

(7) In paragraph 3—

(a) after “someone” insert “, or is in an extended household or a linked household with someone,”;

(b) at the end insert “or, if earlier, until the end of the isolation period”.

(8) Omit paragraph 5A.

(9) In paragraph 6—

(a) insert in the appropriate places—

“extended household”—

in relation to households in Scotland, has the meaning given in regulation 10 of the Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020 ;

in relation to households in Wales, means two households in relation to which the adults in those households have agreed to be treated as a single household in accordance with public health guidance;

“isolation period” means the period ending on the day on which a relevant notification is received advising that the person with the symptoms of coronavirus is not in fact infected or contaminated with coronavirus;

“linked household” in relation to households in England, has the meaning given in regulation 7A of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 ;

(b) for ““public heath guidance”” substitute ““public health guidance””.

(10) After the renumbered Schedule 1, the Schedule to these Regulations is inserted as Schedule 2.

Section 3 Amendment of the Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020

In regulation 2 of the Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 (suspension of waiting days), in both paragraphs (3)(b)(ii) and (4), after “regulation 2(1)(c)” insert “or (d)”.

Section 1

A person is, for the purposes of this Schedule, to be regarded as shielding himself where he is shielding himself in such a manner as to prevent infection or contamination with coronavirus pursuant to paragraph 2.

Section 2

The person—

(a) is defined in public health guidance because of an underlying health condition—

(i) in England and Wales, as clinically extremely vulnerable and therefore at very high risk of severe illness from coronavirus;

(ii) in Scotland, as at the highest risk of severe illness from coronavirus; and

(b) has been advised by a shielding notification sent to, or in respect of, that person in accordance with that guidance, to follow shielding measures for the period specified in the notification.

Section 3

A person to whom paragraph 2 applies is no longer to be regarded as shielding himself—

(a) immediately after the end of the period specified in the shielding notification;

(b) from the date specified in a further shielding notification sent to, or in respect of, the person, advising him that he need no longer shield himself from that date.

Section 4

Nothing in paragraph 3 prevents the person from again being regarded as shielding himself if a further shielding notification is sent to, or in respect of, the person advising the person that he needs to shield himself for the period specified in the notification.

Section 5

For the purposes of this Schedule—

“Chief Medical Officer” and “public health guidance” have the same meanings as in paragraph 6 of Schedule 1;

“shielding notification” means a notification in writing sent to, or in respect of, a person by any person or body who may send a relevant notification by virtue of paragraph 6 of Schedule 1 or by—

the Chief Medical Officer;

the Scottish Ministers; or

the Welsh Ministers.