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The Statutory Sick Pay (Rate of Payment) Order (Northern Ireland) 1994

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Statutory Rules of Northern Ireland

1994 No. 82

STATUTORY SICK PAY

The Statutory Sick Pay (Rate of Payment) Order (Northern Ireland) 1994

Made

8th March 1994

Coming into operation

6th April 1994

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by section 153 (2) (a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and of all other powers enabling it in that behalf, hereby makes the following order which contains only provision in consequence of an order(2) under section 132 of the Social Security Administration (Northern Ireland) Act 1992(3):

Citation, commencement and interpretation

1.—(1) This order may be cited as the Statutory Sick Pay (Rate of Payment) Order (Northern Ireland) 1994 and shall come into operation on 6th April 1994, immediately after the coming into operation of Article 9 of the Social Security Benefits Up-rating Order (Northern Ireland) 1994(4).

(2) In this order “the 1992 Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

Substitution of provisions in section 153(1) of the 1992 Act

2.  In section 153(1) of the 1992 Act(5) (rate of payment) for paragraphs (a) and (b) 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 £200.00; or

(b)£47.80, in any other case..

Transitional provisions

3.  Where in relation to statutory sick pay a period of entitlement as between an employer and an employee is running at 6th April 1994 and the employee’s normal weekly earnings under his contract of service with that employer are not less than, or are treated for the purposes of section 153(1) of the 1992 Act as not less than, £195.00 they shall be treated for the purposes of that section as not less than £200.00 for the remainder of that period.

Revocations

4.  The Statutory Sick Pay (Rate of Payment) Order (Northern Ireland) 1991(6) so far as previously unrevoked and Article 2 of the Statutory Sick Pay (Rate of Payment) Order (Northern Ireland) 1993(7) are hereby revoked.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 8th March 1994

L.S.

W G Purdy

Assistant Secrertary

Explanatory Note

(This note is not part of the Order.)

This order, substitutes which comes into operation on 6th April 1994, alternative provisions for the paragraphs of subsection (1) of section 153 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) (rate of payment). The new provisions increase the lower rate of statutory sick pay from £46.95 to £47.80 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 employee’s earnings are normally £200.00 or more per week (increased from £195.00 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 consequential revocations.

(5)

Section 153(1) was amended by Article 2 of S.R. 1993 No 152

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