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Where the Department considers that it is reasonable for information held by the Department to be disclosed to an employer, for the purpose of enabling that employer to determine the duration of a period of entitlement under Part XI of the Contributions and Benefits Act in respect of an employee, or whether such a period exists, the Department may disclose the information to that employer.
(1)Regulations may make provision requiring an employer, in a case falling within subsection (3) below to furnish information in connection with the making, by a person who is, or has been, an employee of that employer, of a claim for—
[F1(a)short-term incapacity benefit;]
(b)a maternity allowance;
[F2(c)long-term incapacity benefit;]
(d)industrial injuries benefit; F3. . .
(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Regulations under this section shall prescribe—
(a)the kind of information to be furnished in accordance with the regulations;
(b)the person to whom information of the prescribed kind is to be furnished; and
(c)the manner in which, and period within which, it is to be furnished.
(3)The cases are—
(a)where, by virtue of paragraph 2 of Schedule 11 to the Contributions and Benefits Act or of regulations made under paragraph 1 of that Schedule, a period of entitlement does not arise in relation to a period of incapacity for work;
(b)where a period of entitlement has come to an end but the period of incapacity for work which was running immediately before the period of entitlement came to an end continues; and
(c)where a period of entitlement has not come to an end but, on the assumption that—
(i)the period of incapacity for work in question continues to run for a prescribed period; and
(ii)there is no material change in circumstances,
the period of entitlement will have ended on or before the end of the prescribed period.
(4)Regulations [F4made with the concurrence of the Inland Revenue]—
(a)may require employers to maintain such records in connection with statutory sick pay as may be prescribed;
(b)may provide for—
(i)any person claiming to be entitled to statutory sick pay; or
(ii)any other person who is a party to proceedings arising under Part XI of the Contributions and Benefits Act,
to furnish to the Department [F5or the Inland Revenue (as the regulations may require)], within a prescribed period, any information required for the determination of any question arising in connection therewith; and
(c)may require employers who have made payments of statutory sick pay to furnish to the Department [F5or the Inland Revenue (as the regulations may require)] such documents and information, at such times, as may be prescribed.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1S. 122(1)(a) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. II para. 48(a); S.R. 1994/450, art. 2, Sch. 1 Pt. IV
F2S. 122(1)(c) substituted (13.4.1995) by S.I. 1994/1898 (N.I. 12), art. 13(1), Sch. 1 Pt. II para. 48(b); S.R. 1994/450, art. 2, Sch. 1 Pt. IV
F3S. 122(1)(e) and preceding word repealed (3.11.2000 for certain purposes, otherwise 6.4.2001) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 10 Pt. IV (with art. 75); S.R. 2000/332, art. 2(3)(g)-(5) (subject to art. 3 of the said S.R. 2000/332 (as amended by S.R. 2001/114, art. 3) and to art. 4 of the said S.R. 2000/332)
F4Words in s. 122(4) inserted (24.3.1999 for certain purposes, otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2), 3(1), Sch. 1 para. 29(a); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)
F5Words in s. 122(4)(b)(c) inserted (24.3.1999 for certain purposes, otherwise 1.4.1999) by S.I. 1999/671, arts. 1(2), 3(1), Sch. 1 para. 29(b); S.R. 1999/149, art. 2(c), Sch. 2 (subject to arts. 3-6 of the said S.R.)
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