The Social Security Maternity Benefits and Statutory Sick Pay (Amendment) Regulations 1994

Amendment of regulation 3 of the Statutory Sick Pay Regulations

9.—(1) Regulation 3 of the Statutory Sick Pay Regulations (periods of entitlement ending or not arising) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (3)–

(a) for the words “section 3(2) of the 1982 Act” there shall be substituted “section 153(2) of the Contributions and Benefits Act”; and

(b) for the words “section 3(5) of that Act” there shall be substituted the words “section 153(6) of the Contributions and Benefits Act”.

(3) For paragraph (4) there shall be substituted the following paragraph–

“(4) Where a period of entitlement is current as between an employee and her employer and the employee–

(a) is pregnant or has been confined; and

(b) is incapable of work wholly or partly because of pregnancy or confinement on any day which falls on or after the beginning of the 6th week before the expected week of confinement; and

(c) is not by virtue of that pregnancy or confinement entitled to statutory maternity pay under Part XII of the Contributions and Benefits Act or to maternity allowance under section 35 of that Act;

the period of entitlement shall end on that day or, if earlier, on the day she was confined.”.

(4) For paragraph (5) there shall be substituted the following paragraph–

“(5) Where an employee–

(a) is pregnant or has been confined; and

(b) is incapable of work wholly or partly because of pregnancy or confinement on any day which falls on or after the beginning of the 6th week before the expected week of confinement; and

(c) is not by virtue of that pregnancy or confinement entitled to statutory maternity pay under Part XII of the Contributions and Benefits Act or to maternity allowance under section 35 of that Act;

a period of entitlement as between her and her employer shall not arise in relation to a period of incapacity for work where the first day in that period falls within 18 weeks of the beginning of the week containing the day referred to at (b) above or, if earlier, of the week in which she was confined.”.

(5) In paragraph (6) for the words “section 50 of the Social Security Act 1986” there shall be substituted the words “section 171 of the Contributions and Benefits Act”.