Statutory Sick Pay (General) Amendment Regulations 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/372 |
1987 No. 372
TERMS AND CONDITIONS OF EMPLOYMENT
The Statutory Sick Pay (General) Amendment Regulations 1987
Made 9th March 1987
Laid before Parliament 16th March 1987
Coming into force 6th April 1987
The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 1(5), 26(1) and 47 of the Social Security and Housing Benefits Act 19821and sections 51(1)(k) and (4), 84(1) and 89(1) of the Social Security Act 19862, and of all other powers enabling him in that behalf, by this instrument, which is made before the end of the period of 12 months from the commencement of the enactments under which it is made, makes the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Statutory Sick Pay (General) Amendment Regulations 1987 and shall come into force on 6th April 1987.
Amendment of the Statutory Sick Pay (General) Regulations 1982
2. There shall be inserted after regulation 9 of the Statutory Sick Pay (General) Regulations 19823the following regulations:—
“Liability of the Secretary of State for payments of statutory sick pay
9A.—(1) Notwithstanding the provisions of section 1 of the Act and subject to paragraph (4), where—
(a)
(a) an adjudicating authority has determined that an employer is liable to make payments of statutory sick pay to an employee, and
(b)
(b) the time for appealing against that determination has expired, and
(c)
(c) no appeal against the determination has been lodged or leave to appeal against the determination is required and has been refused,
then for any day of incapacity for work in respect of which it was determined the employer was liable to make those payments, and for any further days of incapacity for work which fall within the same spell of incapacity for work and in respect of which the employer was liable to make payments of statutory sick pay to that employee, the liability to make payments of statutory sick pay in respect of those days shall, to the extent that payment has not been made by the employer, be that of the Secretary of State and not the employer.
(2) For the purposes of this regulation a spell of incapacity for work consists of consecutive days of incapacity for work with no day of the week disregarded.
(3) In paragraph (1) above“adjudicating authority” means, as the case may be, the Chief or other adjudication officer, a Social Security Appeal Tribunal or the Chief or any other Social Security Commissioner.
(4) This regulation shall not apply to any liability of an employer to make a payment of statutory sick pay where the day of incapacity for work in respect of which the liability arose falls within a period of entitlement which commenced before 6th April 1987.
Insolvency of employer
9B.—(1)...
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