Commentary on Sections

Administration of National Insurance contributions and Statutory SickPay and Statutory Maternity Pay

Section 9 - Compliance regime for statutory sick pay and statutory maternity pay: Great Britain

73.Section 9 provides:

74.Subsections (2) and (3) create regulation making powers to require the records to be maintained and information provided for SSP and SMP purposes.

75.Subsection (4) removes SSP and SMP from the scope of section 113 of the SSAA (criminal offences).

76.Subsection (5) inserts a new section 113A which provides civil penalties for a number of different failures:

77.The new section 113A (8) applies Schedule 1 to the Employment Act 2002 in relation to the new penalties. That Schedule sets out the penalties procedure and appeals rules.

78.Subsection (5) also inserts new section 113B which provides for penalties in cases of fraud or negligence. Four circumstances are covered:

79.New section 113B (4) and (5) applies Schedule 1 to the Employment Act 2002. That Schedule sets out the penalties procedure and appeals rules.