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The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 2) Regulations 2020

S.I. 2020/304 · Made 16 March 2020 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 28 March 2020.

Social Security

Made at 2.26 p.m. on 16th March 2020

Laid before Parliament at 5.00 p.m. on 16th March 2020

Coming into force 17th March 2020

The Secretary of State, in exercise of the powers conferred by sections 151(4), 153(6), 163(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 M1, makes the following Regulations.

In accordance with section 173(1)(a) of the Social Security Administration Act 1992 M2, 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.

Annotations to the whole text

Marginal citations

M1

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 163(1) is cited for the definition of “prescribed”.

M2

1992 c. 5.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Statutory Sick Pay (General) Regulations 1982
  3. 3Expiry Repealed
  4. Signature
  5. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Statutory Sick Pay (General) (Coronavirus Amendment) (No. 2) Regulations 2020 and come into force on 17th March 2020.

2Amendment of the Statutory Sick Pay (General) Regulations 1982I1

(1)

Regulation 2 of the Statutory Sick Pay (General) Regulations 1982 M1 is amended as follows.

(2)

In paragraph (1)(c)(i)—

(a)

omit “disease”;

(b)

for “12th” substitute “ 16th ”.

(3)

In paragraph (4) for the definition of “coronavirus disease” substitute—

““coronavirus” means severe acute respiratory syndrome coronavirus 2.”

3ExpiryF1I1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

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

Mims Davies

Parliamentary Under Secretary of State

Department for Work and Pensions

Explanatory note

(This note is not part of the Regulations)

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

Regulation 2(1) of the 1982 Regulations provides for categories of people to be treated as incapable of work for the purposes of claiming statutory sick pay. The Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020 (S.I. 2020/287) amend regulation 2(1) to provide that a person who is isolating himself from others in accordance with advice on coronavirus disease effective on 12th March 2020 is deemed to be incapable of work. These Regulations amend that date to 16th March 2020.

That guidance is published in digital form only on the following websites: www.gov.uk/guidance/coronavirus-covid-19-information for the public; www.hps.scot.nhs.uk/a-to-z-of-topics/wuhan-novel-coronavirus; and www.phw.nhs.wales/topics/latest-information-on-novel-coronavirus-covid-19/.

There is a requirement for the Secretary of State to keep these regulations under review, and they will cease to have effect eight months after 13th March 2020 (the date the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020 came into force).

No regulatory impact assessment has been produced for these Regulations in view of the urgency required to ensure that reference is made to the latest guidance in order to encourage self-isolation and to minimise the risks to public health arising from coronavirus disease.