Coronavirus Act 2020

41 Statutory sick pay: modification of regulation making powers

(1) The Social Security Contributions and Benefits Act 1992 has effect as if in section 151 (employer’s liability for statutory sick pay), after subsection (4) there were inserted—

“(4A) Regulations under subsection (4) may make provision about whether an employee is deemed to be incapable (as referred to in that subsection) in relation to severe acute respiratory syndrome coronavirus 2 by reference to guidance or any other document published by Public Health England, NHS National Services Scotland, the Public Health Wales National Health Service Trust or any other person specified in the regulations as that guidance or other document is amended from time to time.”

(2) The Social Security Contributions and Benefits Act 1992 has effect as if in section 175 (regulations), after subsection (5) there were inserted—

“(5A) But regulations under—

(a) section 151(4) in relation to severe acute respiratory syndrome coronavirus 2, or

(b) section 159B,

may provide for a person to exercise a discretion in dealing with any matter under those regulations.”