# The Statutory Sick Pay (Rate of Payment) Order 1991

S.I. 1991/506 · made 1 March 1991

This Order, which comes into force on 6th April 1991 substitutes alternative provisions for the paragraphs of subsection (1) of section 7 of the Social Security and Housing Benefits Act 1982 (Rate of Payment). The new provisions increase the lower rate of Statutory Sick Pay from £39.25 to £43.50 per week. The higher rate remains unchanged at £52.50 per week. In addition the earnings band is altered so that the higher rate becomes payable where the employees earnings are normally £185 or more per week (increased from £125 or more per week) (article 2).

Made under: Social Security and Housing Benefits Act 1982 (Section 7, Section 45); Social Security Act 1975 (Section 166)

## Introductory text

TERMS AND CONDITIONS OF EMPLOYMENT
Made 1st March 1991
Coming into force 6th April 1991
Whereas a draft of the following Order was laid before Parliament in accordance with the provisions of section 7(1B) of the Social Security and Housing Benefits Act 1982and approved by resolution of each House of Parliament:
Now, therefore, the Secretary of State for Social Security, in exercise of the powers conferred by section 166(3) of the Social Security Act 1975 and sections 7(1A) and 45(1) of the Social Security and Housing Benefits Act 1982, and of all other powers enabling him in that behalf, hereby makes the following Order:

## 1 Citation, commencement and interpretation

(1) This Order may be cited as the Statutory Sick Pay (Rate of Payment) Order 1991 and shall come into force on 6th April 1991, immediately after the coming into force of article 9 of the Social Security Benefits Up-Rating Order 1991.
(2) In this Order “the 1982 Act” means the Social Security and Housing Benefits Act 1982.

## 2 Substitution of provisions in section 7(1) of the 1982 Act

For paragraphs (a) and (b) of subsection (1) of section 7 of the 1982 Act, there shall be substituted the following paragraphs—
“(a) £52.50, in a case where the employee’s normal weekly earnings under his contract of service with that employer are not less than £185; or
(b) £43.50, in any other case.”.

## 3 Transitional Provisions

Where in relation to statutory sick pay a period of entitlement as between an employer and an employee is running at 6th April 1991 and the employees normal weekly earnings under the contract of service with that employer are not less than, or are treated for the purposes of section 7(1) of the 1982 Act as not less than £125.00, they shall be treated for the purposes of that section as not less than £185.00 for the remainder of that period.

## 4 Revocation

Regulation 2 of the Statutory Sick Pay (Rate of Payment) Regulations 1990 is hereby revoked.

## Signature

Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
1st March 1991

## Explanatory note

(This note is not part of the Order)
This Order, which comes into force on 6th April 1991 substitutes alternative provisions for the paragraphs of subsection (1) of section 7 of the Social Security and Housing Benefits Act 1982 (Rate of Payment). The new provisions increase the lower rate of Statutory Sick Pay from £39.25 to £43.50 per week. The higher rate remains unchanged at £52.50 per week. In addition the earnings band is altered so that the higher rate becomes payable where the employees earnings are normally £185 or more per week (increased from £125 or more per week) (article 2).
Article 3 contains transitional provisions for those employees who are incapable of work at the time of the change and would otherwise move from the higher to the lower rate of statutory sick pay.
Article 4 contains a revocation.

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Source: https://www.legislation.gov.uk/uksi/1991/506 (the official version)
Page: https://openlegislation.uk/statutory-sick-pay-rate-of-payment-order-1991
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.