The Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Northern Ireland) Regulations 2020

Type Statutory-Instrument
Publication 2020-05-14
Last updated 2021-09-30
State In force
Department King's Printer of Acts of Parliament
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Made: 14th May 2020

Laid before Parliament: 15th May 2020

Coming into force: 26th May 2020

The Commissioners for Her Majesty's Revenue and Customs, with the concurrence of the Secretary of State, make the following Regulations in exercise of the powers conferred by sections 155B and 171(3), (4), (5A) and (10) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 .

PART 1 — Introduction

Citation and commencement

1

These Regulations may be cited as the Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Northern Ireland) Regulations 2020 and come into force on 26th May 2020.

Interpretation

2

In these Regulations—

PART 2 — Eligibility for funding

Funding of eligible employers' liabilities by HMRC

3

is, subject to paragraphs (2) , (2A) and (3), entitled to recover the amount paid to the employee (the “reimbursement amount”) from HMRC.

Meaning of eligible employer

4

the number of employees referred to in paragraph (1) is the total number of employees enrolled in all PAYE schemes operated by the connected companies or charities, as applicable.

5

of doing work which the employee can reasonably be expected to do under the employee's contract of service, and references in these Regulations to an employee's period of incapacity for work related to coronavirus shall be construed in accordance with this regulation.

PART 3 — Claims

Making a claim

6

Time limit for making a claim

7

A claim may not be made after the earlier of—

PART 4 — Payments, corrections and overpayments

Payments

8

Where HMRC accept a claim, HMRC must pay the amount specified in the claim by the employer in accordance with regulation 6(3)(c), less any amount repayable under regulation 9(3), to the account specified by the employer in accordance with regulation 6(3)(e) as soon as reasonably practicable.

Correcting a claim when the amount has been mistakenly overstated

9

the employer must correct the error in accordance with this regulation.

Correcting a claim when the amount has been mistakenly understated

10

Where an employer becomes aware that the employer mistakenly understated the amount in a claim (the “ understated claim ”), the employer may submit a claim in accordance with regulation 6 for the amount understated in respect of the same period, PAYE scheme and employees specified in the understated claim.

Recovery of overpayments

11

PART 5 — Records and information requests

Preservation of records

12

Provision of information and records

13

within the period specified in the notice, all documents, records and other information in the employer's possession or under the employer's control as HMRC may reasonably require to ascertain whether the employer was entitled to receive a reimbursement amount under these Regulations, including whether it was unlawful State aid.

Signed

Penny Ciniewicz — Melissa Tatton — Two of the Commissioners for Her Majesty's Revenue and Customs — 2020-05-14

The Secretary of State concurs.

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

Justin Tomlinson — Minister for Disabled People — 2020-05-13

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 7. By virtue of section 42(1) of the Coronavirus Act 2020 (c. 7), the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the 1992 Act”) has effect as if a new section 155B were inserted after section 155A. Section 155B(7) allows these Regulations to have retrospective effect in relation to a day of incapacity for work that falls on or after 13th March 2020. By virtue of section 44(b) of the Coronavirus Act 2020, the 1992 Act has effect as if a new section 171(5A) were inserted after section 171(5). Section 171(10) was substituted by paragraph 28(3) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999/671.

[^f00002]: OJ C 91I, 20.3.2020, p. 1, amended by Communication from the Commission of 3 April 2020 OJ C 112I, 4.4.2020, p.1 and Communication from the Commission of 8 May 2020 OJ C 164, 13.5.2020, p.3.

[^f00003]: “Statutory sick pay” is defined in section 147(1) of the 1992 Act.

[^f00004]: “Period of incapacity for work” is defined in s148(2) of the 1992 Act.

[^f00005]: The European Commission’s official rates are available at https://ec.europa.eu/info/funding-tenders/how-eu-funding-works/information-contractors-and-beneficiaries/exchange-rate-inforeuro_en.

[^f00006]: The Direction dated 15 April 2020 is available at https://www.thegazette.co.uk/notice/3551698. A person unable to access the Direction electronically may access it while government advice on social distancing and unnecessary travel applies, in hard copy by post free of charge on application to 07785 665073 and otherwise by inspection free of charge at HMRC, 100 Parliament Street, London SW1A 2BQ.

[^f00007]: OJ No. L 187, 26.6.2014, p. 1, to which there are amendments not relevant to these Regulations.

[^f00008]: 2014 c. 7.

[^f00009]: 2012 c. 23.

[^f00010]: 2010 c. 4. Section 1121(1) was amended by S.I. 2013/1388.

[^f00011]: S.I. 1982/263. Paragraph (1)(c) was inserted by S.I. 2020/32 and amended by S.I. 2020/37 and 2020/54.

[^f00012]: “Qualifying day” is defined in section 150 of the 1992 Act.

[^f00013]: 1970 c. 9.

[^f00014]: Section 65(3) was amended by paragraph 30 of Schedule 19 to the Finance Act 1998 (c.36).

[^f00015]: 2009 c. 10.

Editorial notes

[^c24098081]: 1992 c. 7. By virtue of section 42(1) of the Coronavirus Act 2020 (c. 7), the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the 1992 Act”) has effect as if a new section 155B were inserted after section 155A. Section 155B(7) allows these Regulations to have retrospective effect in relation to a day of incapacity for work that falls on or after 13th March 2020. By virtue of section 44(b) of the Coronavirus Act 2020, the 1992 Act has effect as if a new section 171(5A) were inserted after section 171(5). Section 171(10) was substituted by paragraph 28(3) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999/671.

[^c24098091]: OJ C 91I, 20.3.2020, p. 1, amended by Communication from the Commission of 3 April 2020 OJ C 112I, 4.4.2020, p.1 and Communication from the Commission of 8 May 2020 OJ C 164, 13.5.2020, p.3.

[^c24098101]: “Statutory sick pay” is defined in section 147(1) of the 1992 Act.

[^c24098111]: “Period of incapacity for work” is defined in s148(2) of the 1992 Act.

[^c24098121]: The European Commission's official rates are available at https://ec.europa.eu/info/funding-tenders/how-eu-funding-works/information-contractors-and-beneficiaries/exchange-rate-inforeuro_en.

[^c24098131]: The Direction dated 15 April 2020 is available at https://www.thegazette.co.uk/notice/3551698. A person unable to access the Direction electronically may access it while government advice on social distancing and unnecessary travel applies, in hard copy by post free of charge on application to 07785 665073 and otherwise by inspection free of charge at HMRC, 100 Parliament Street, London SW1A 2BQ.

[^c24098151]: 2014 c. 7.

[^c24098161]: 2012 c. 23.

[^c24098171]: 2010 c. 4. Section 1121(1) was amended by S.I. 2013/1388.

[^c24098181]: S.I. 1982/263. Paragraph (1)(c) was inserted by S.I. 2020/32 and amended by S.I. 2020/37 and 2020/54.

[^c24098201]: 1970 c. 9.

[^c24098211]: Section 65(3) was amended by paragraph 30 of Schedule 19 to the Finance Act 1998 (c.36).

[^c24098221]: 2009 c. 10.

[^key-ee4f375e16ad8875f9aed28f5cd9d9d1]: Reg. 1 in force at 26.5.2020, see reg. 1

[^key-cf4b3d47849647d2b5b8d86f209b253a]: Reg. 2 in force at 26.5.2020, see reg. 1

[^key-fc0f55c5edc38adae96ef520f2662226]: Reg. 3 in force at 26.5.2020, see reg. 1

[^key-ee461ddeee18c2c59fb056aec7f88501]: Reg. 4 in force at 26.5.2020, see reg. 1

[^key-5d408d9f7beb01a034f3a76ef8be013e]: Reg. 5 in force at 26.5.2020, see reg. 1

[^key-d539dab463a8c499da60f9dd0434702d]: Reg. 6 in force at 26.5.2020, see reg. 1

[^key-fcff670f68d832a5f5d7f25171843509]: Reg. 7 in force at 26.5.2020, see reg. 1

[^key-8522fbbd795bc7854c0d72bcd6a591a3]: Reg. 8 in force at 26.5.2020, see reg. 1

[^key-3f7ce77e949472f8a87727b8826e24a1]: Reg. 9 in force at 26.5.2020, see reg. 1

[^key-99e5bc42e04d949ba3ab718267aa07c9]: Reg. 10 in force at 26.5.2020, see reg. 1

[^key-f8e7e6dd3bd8f242c61d6a2a0f3519f7]: Reg. 11 in force at 26.5.2020, see reg. 1

[^key-67325aea98b832a11a55617e7d0be361]: Reg. 12 in force at 26.5.2020, see reg. 1

[^key-9d3c991f8aa61e2a02b6ddcd5e606e54]: Reg. 13 in force at 26.5.2020, see reg. 1

[^key-4b6439945aa0d34b11b1b5c9c563fa19]: Reg. 4(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Amendment) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Northern Ireland) (Amendment) Regulations 2020 (S.I. 2020/1030), regs. 1(1), 3(2)

[^key-e02ee4afd4d042472149d20dbd66541b]: Words in reg. 4(5) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Amendment) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Northern Ireland) (Amendment) Regulations 2020 (S.I. 2020/1030), regs. 1(1), 3(3)

[^key-83a9e9a96a485e893bab1e589bf062f2]: Words in reg. 5(1)(b) inserted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Amendment) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Northern Ireland) (Amendment) Regulations 2020 (S.I. 2020/1030), regs. 1(1), 4

[^key-49d6b1a4c3fc8c209e7f7537bed5bafc]: Words in reg. 6(5) inserted (15.10.2020) by The Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Amendment) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Northern Ireland) (Amendment) Regulations 2020 (S.I. 2020/1030), regs. 1(1), 5(1)

[^key-c72780c2d27812993a7a63028cf8f54f]: Reg. 9(2) substituted (15.10.2020) by The Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Amendment) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Northern Ireland) (Amendment) Regulations 2020 (S.I. 2020/1030), regs. 1(1), 5(3)

[^key-6b3e72afc3ce9e51c398ae94074d4e5d]: Words in reg. 9(5) omitted (15.10.2020) by virtue of The Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Amendment) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Northern Ireland) (Amendment) Regulations 2020 (S.I. 2020/1030), regs. 1(1), 5(4)

[^key-5026b28644020f55212db916e02000b5]: Words in reg. 9(6) substituted (15.10.2020) by The Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Amendment) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Northern Ireland) (Amendment) Regulations 2020 (S.I. 2020/1030), regs. 1(1), 5(5)

[^key-bac4f7a00716e9b6b3482823a64bc91b]: Reg. 9(7) substituted (15.10.2020) by The Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Amendment) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Northern Ireland) (Amendment) Regulations 2020 (S.I. 2020/1030), regs. 1(1), 5(6)

[^key-63adaa60cafdb35d23fdfcf2c5ce15ab]: Reg. 9(8) substituted (15.10.2020) by The Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Amendment) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Northern Ireland) (Amendment) Regulations 2020 (S.I. 2020/1030), regs. 1(1), 5(7)

[^key-224d41ef53715b46ee4b56dc0a59e12a]: Words in reg. 9(9) substituted (15.10.2020) by The Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Amendment) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Northern Ireland) (Amendment) Regulations 2020 (S.I. 2020/1030), regs. 1(1), 5(8)(a)

[^key-3096e8e6f90a2735c744e3690dd01936]: Words in reg. 9(9) substituted (15.10.2020) by The Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Amendment) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers' Liabilities) (Northern Ireland) (Amendment) Regulations 2020 (S.I. 2020/1030), regs. 1(1), 5(8)(b)

[^key-00f4133fc8b7df2e8c6fc3d48cfff62d]: Sum in reg. 3(3)(a) substituted (6.4.2021) by The Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Amendment) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Northern Ireland) (Amendment) Regulations 2021 (S.I. 2021/281), regs. 1, 2

[^key-51aa37a8bdc187e852853a1f844605b8]: Sum in reg. 3(3)(b) substituted (6.4.2021) by The Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Amendment) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Northern Ireland) (Amendment) Regulations 2021 (S.I. 2021/281), regs. 1, 2

[^key-af72a17018341ac207875c856085e182]: Words in reg. 3(1)(b) inserted (30.9.2021) by The Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Closure) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Northern Ireland) (Closure) Regulations 2021 (S.I. 2021/1013), regs. 1, 3(2)(a)

[^key-c4494e2feb0619e1a79db6b335772a30]: Word in reg. 3(1) inserted (30.9.2021) by The Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Closure) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Northern Ireland) (Closure) Regulations 2021 (S.I. 2021/1013), regs. 1, 3(2)(b)

[^key-76281d4d2666db2384ce8dc72dd33b7a]: Reg. 3(2A) inserted (30.9.2021) by The Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Closure) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Northern Ireland) (Closure) Regulations 2021 (S.I. 2021/1013), regs. 1, 3(3)

[^key-4931d52d5553cb1fccd1c579166adf76]: Reg. 7 substituted (30.9.2021) by The Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Closure) Regulations and the Statutory Sick Pay (Coronavirus) (Funding of Employers’ Liabilities) (Northern Ireland) (Closure) Regulations 2021 (S.I. 2021/1013), regs. 1, 4

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