1991 No. 589
The Statutory Sick Pay (National Health Service Employees) Regulations 1991
Made
Laid before Parliament
Coming into force
The Secretary of State for Social Security in exercise of the powers conferred by sections 26(1) and (5A), 45(1) and 47 of the Social Security and Housing Benefits Act 19821 and of all other powers enabling him in that behalf, by this instrument, which contains only regulations consequential upon paragraph 16 of Schedule 6 to the Social Security Act 19902, hereby makes the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Statutory Sick Pay (National Health Service Employees) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations, a “health authority” shall in relation to England and Wales have the same meaning it has in section 128(1) of the National Health Service Act 19773, and in relation to Scotland mean the health board within the meaning of section 2 of the National Health Service (Scotland) Act 19784.
Treatment of more than one contract of employment as one contract2
Where, in consequence of the establishment of one or more National Health Service Trusts under Part I of the National Health Service and Community Care Act 19905 or the National Health Service (Scotland) Act 1978, a person’s contract of employment is treated by a scheme under that Part or Act as divided so as to constitute two or more contracts, he may elect for all those contracts to be treated as one contract for the purposes of Part I of the Social Security and Housing Benefits Act 1982.
Notification of election3
A person who makes an election under regulation 2 above shall give written notification of that election to each of his employers under the two or more contracts of service mentioned in that regulation, before the end of the fourth day of incapacity for work in the period of incapacity for work in relation to a contract of service with the employer with whom this day first occurs.
Provision of information by employees4
A person who makes an election under regulation 2 above shall, as soon as is reasonably practicable after giving notice of that election, provide each of his employers under the two or more contracts of service mentioned in that regulation with the following information–
a
the name and address of each of his employers; and
b
the date his employment with each of those employers commenced; and
c
details of his earnings during the relevant period and for this purpose “earnings” and “relevant period” have the same meanings as they have for the purposes of section 26(2) of the Social Security and Housing Benefits Act 19826.
Treatment of two or more employers as one5
The employer to be regarded for the purposes of statutory sick pay as the employee’s employer under the one contract where 2 or more contacts of service are treated as one in accordance with regulation 2 above, shall be–
a
the Health Authority, in a case where any one of the employee’s contracts of service is with the Health Authority; or
b
the first NHS trust to which a contract of service was transferred in a case where none of the employee’s contracts of service are with the Health Authority.
Time for which an election is to have effect6
An election made under regulation 2 shall lapse at the end of the period of incapacity for work in relation to the contract of service with the employer mentioned in regulation 5.
Signed by authority of the Secretary of State for Social Security.
(This note is not part of the Regulations)