The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020

Made: at 11.50 a.m. on 27th March 2020

Laid before Parliament: at 6.00 p.m. on 27th March 2020

Coming into force: 28th March 2020

The Secretary of State, in exercise of the powers conferred by sections 151(4) and (4A) and 175(1) and (3) to (5A) of the Social Security Contributions and Benefits Act 1992 and section 40(1) to (4) of the Coronavirus Act 2020 , makes the following Regulations.

In accordance with section 173(1)(a) of the Social Security Administration Act 1992 , 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 regulations 3 to 5 of these Regulations to the Social Security Advisory Committee.

Citation and commencement

1

These Regulations may be cited as the Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 and come into force on 28th March 2020.

Suspension of waiting days

2

• (1) Section 155(1) (limitations on entitlement) of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) does not apply in relation to an employee where—

• (a) that employee's period of incapacity for work is related to coronavirus; and

• (b) the first day of incapacity for work in that period arose on or after 13th March 2020.

• (2) Paragraph (1) applies in relation to a day of incapacity for work that falls on or after 13th March 2020.

• (3) In this regulation—

• (a) “period of incapacity for work” has the meaning given by section 152 of the 1992 Act; and

• (b) a period of incapacity for work is related to coronavirus if the employee is—

• (i) incapable by reason of infection or contamination with coronavirus, or

• (ii) deemed, in accordance with regulation 2(1)(c) or (d) of the Statutory Sick Pay (General) Regulations 1982 , to be incapable by reason of coronavirus,

of doing work which the employee can reasonably be expected to do under the employee's contract of service.

• (4) The reference to regulation 2(1)(c) or (d) in paragraph (3)(b) above is a reference to the regulation which was in force on the first day of incapacity for work in question.

Amendment of the Statutory Sick Pay (General) Regulations 1982

3

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

• (2) In regulation 2(1)(c)(i) (persons deemed incapable of work) for the words starting with “guidance published by” to the end of the paragraph (i) substitute “ the Schedule ”.

• (3) In regulation 2(4) omit the definition of “Public Health England”.

• (4) After regulation 21A insert the Schedule set out in the Schedule to these Regulations.

Amendment of the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020

4

Omit regulation 3 (expiry) of the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020 .

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

5

Omit regulation 3 (expiry) of the Statutory Sick Pay (General) (Coronavirus Amendment) (No. 2) Regulations 2020 .

SCHEDULE — SCHEDULE TO BE INSERTED IN THE STATUTORY SICK PAY (GENERAL) REGULATIONS 1982

Signed

Thérèse Coffey — Secretary of State

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 4. Sections 151(4A) and 175(5A) were inserted by section 41 of the Coronavirus Act 2020. Section 151(4) was amended by section 11(1) of and paragraph 34 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994. Section 175(1) and (4) was amended by section 2 of and paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 c. 2. Section 175(5) was amended by section 11(1) of and paragraph 34 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 c. 18.

[^f00002]: 2020 c. 7.

[^f00003]: 1992 c. 5.

[^f00004]: S.I. 1982/894. Paragraph (1)(c) was inserted by S.I. 2020/287, and amended by S.I. 2020/304 and regulation 3 of these Regulations.

[^f00005]: S.I. 2020/287.

[^f00006]: S.I. 2020/304.

Editorial notes

[^c24047051]: 1992 c. 4. Sections 151(4A) and 175(5A) were inserted by section 41 of the Coronavirus Act 2020. Section 151(4) was amended by section 11(1) of and paragraph 34 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994. Section 175(1) and (4) was amended by section 2 of and paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 c. 2. Section 175(5) was amended by section 11(1) of and paragraph 34 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 c. 18.

[^c24047061]: 2020 c. 7.

[^c24047071]: 1992 c. 5.

[^c24047081]: S.I. 1982/894. Paragraph (1)(c) was inserted by S.I. 2020/287, and amended by S.I. 2020/304 and regulation 3 of these Regulations.

[^c24047091]: S.I. 2020/287.

[^c24047101]: S.I. 2020/304.

[^key-7e4395bb0585ea96db336c334526eaea]: Reg. 1 in force at 28.3.2020, see reg. 1

[^key-fdf58ab66fc1082f0fb47e7f2b33c8b7]: Reg. 2 in force at 28.3.2020, see reg. 1

[^key-3ed3db4a948017710a6368f68b3f482b]: Reg. 3 in force at 28.3.2020, see reg. 1

[^key-6cb20f57429f32e9ad202ad59dc78058]: Reg. 4 in force at 28.3.2020, see reg. 1

[^key-60e4db4eeef811102ff7fb0c97739ee2]: Reg. 5 in force at 28.3.2020, see reg. 1

[^key-ecce45fbeae2d5dc5201f67294956201]: Sch. in force at 28.3.2020, see reg. 1

[^key-4478bb67cdea4cc37a2913241d190275]: Words in reg. 2(3)(b)(ii) inserted (6.7.2020) by The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) (No. 2) Regulations 2020 (S.I. 2020/681), regs. 1, 3 (with savings in S.I. 2022/381, regs. 1(1), 2)

[^key-ae3b21477a16dbc55caac8a4bfeb7ab5]: Words in reg. 2(4) inserted (6.7.2020) by The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) (No. 2) Regulations 2020 (S.I. 2020/681), regs. 1, 3 (with savings in S.I. 2022/381, regs. 1(1), 2)

[^key-2e6766c0ee2025b54b2d576344597725]: Reg. 2 savings provision (25.3.2022) by The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days) (Saving Provision) Regulations 2022 (S.I. 2022/381), regs. 1(1), 2