The Social Security Contributions, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 1996

Amendment of the Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982

3.—(1) The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations 1982(1) shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 1(2) (interpretation), after the definition of “the Act” there shall be inserted—

““the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992(2);

“the Contributions Regulations” means the Social Security (Contributions) Regulations 1979(3);”.

(3) After regulation 5 (persons in other member States—meaning of “employee”) there shall be inserted—

“Persons absent from Great Britain—meaning of “employee”

5A.   Subject to regulations 5, 6(2), 7(2) and 9, where a person, while absent from Great Britain for any purpose, is gainfully employed by an employer who is liable to pay in respect of him secondary Class 1 contributions under section 6 of the Contributions and Benefits Act 1992 or regulation 120 of the Contributions Regulations(4), he shall be treated as an employee for the purposes of Part XI of the Contributions and Benefits Act.”.

(4) For regulation 10 (persons abroad—period of entitlement ending or not arising) there shall be substituted—

“Persons abroad—general

10.   In a case where a mariner, an airman or a continental shelf employee, respectively, within the meaning of regulation 6(1), 7 or 8, or a person who, is an employee or, is treated as an employee under regulation 5 or 5A, is incapable of work during a period of entitlement to statutory sick pay while absent from Great Britain, his entitlement to statutory sick pay shall cease only if he fails to satisfy the conditions of entitlement under Part XI of the Contributions and Benefits Act notwithstanding that his employer ceases, during the period of entitlement, to be liable to pay, in respect of him, secondary Class 1 contributions under section 6 of the Contributions and Benefits Act or regulation 120 of the Contributions Regulations.”.

(5) Regulation 11 shall be omitted.

(6) Regulation 12 shall be omitted.

(7) Regulation 13 shall be omitted.

(1)

S.I. 1982/1349.

(2)

1992 c. 4.

(3)

S.I. 1979/591.

(4)

Regulation 120 was amended by S.I. 1992/97.