The Statutory Maternity Pay (Compensation of Employers) and Statutory Sick Pay (Additional Compensation of Employers) Amendment Regulations 1989

Statutory Instruments

1989 No. 286

TERMS AND CONDITIONS OF EMPLOYMENT

The Statutory Maternity Pay (Compensation of Employers) and Statutory Sick Pay (Additional Compensation of Employers) Amendment Regulations 1989

Made

28th February 1989

Laid before Parliament

8th March 1989

Coming into force

6th April 1989

The Secretary of State for Social Security, in exercise of powers conferred by sections 9(1A), 26(1) and 47 of the Social Security and Housing Benefits Act 1982(1) and by section 84(1) of, and paragraph 1(c) of Schedule 4 to, the Social Security Act 1986(2) and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals to make regulation 2(1) of these Regulations should not be referred to it(3), hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Statutory Maternity Pay (Compensation of Employers) and Statutory Sick Pay (Additional Compensation of Employers) Amendment Regulations 1989 and shall come into force on 6th April 1989.

Amendment of Regulations

2.—(1) Regulation 3 of the Statutory Maternity Pay (Compensation of Employers) Regulations 1987(4) (determination of amount an employer shall be entitled to) shall be further amended by the substitution for“6th April 1987” of“6th April 1989” and for“7 per cent.” of“7½ per cent.”.

(2) Regulation 3 of the Statutory Sick Pay (Additional Compensation of Employers and Consequential Amendments) Regulations 1985(5) (determination of amount) shall be further amended by the substitution for“6th April 1987” of“6th April 1989” and for“7 per cent.” of“7½ per cent.”.

Signed by authority of the Secretary of State for Social Security.

Skelmersdale

Parliamentary Under-Secretary of State,

Department of Social Security

28th February 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Statutory Maternity Pay (Compensation of Employers) Regulations 1987 (“the 1987 Regulations”) and the Statutory Sick Pay (Additional Compensation of Employers and Consequential Amendments) Regulations 1985 (“the 1985 Regulations”).

Regulation 3 of the 1987 Regulations (determination of amount) specifies the amount to which an employer is entitled under regulation 2 (right of employers to prescribed amount) in respect of a payment of statutory maternity pay made in the tax year commencing 6th April 1987 or in any subsequent tax year, the amount so specified being an amount equal to 7 per cent. of the payment. Regulation 3 of those Regulations as amended by these Regulations refers to an employer’s entitlement in respect of a payment of statutory maternity pay made in the tax year commencing 6th April 1989 or in any subsequent tax year and provides that the amount to which the employer is entitled is an amount equal to 7½ per cent. of the payment.

Regulation 3 of the 1985 Regulations (determination of amount) specifies the amount to which an employer is entitled under regulation 2 (right of employers to prescribed amount) in respect of a payment of statutory sick pay made in the tax year commencing 6th April 1987 or in any subsequent tax year, the amount so specified being an amount equal to 7 per cent. of the payment. Regulation 3 of those Regulations as amended by these Regulations refers to an employer’s entitlement in respect of a payment of statutory sick pay made in the tax year commencing 6th April 1989 or in any subsequent tax year and provides that the amount to which the employer is entitled is an amount equal to 7½ per cent. of the payment.

The proposals for regulation 2(2), which is made under section 9(1A) of the Social Security and Housing Benefits Act 1982, are exempt from reference to the Social Security Advisory Committee by virtue of section 10(2) of, and paragraph 15A of Schedule 3 to, the Social Security Act 1980 (c. 30) and paragraph 107 of Schedule 10 to the Social Security Act 1986.

(1)

1982 c. 24; section 9(1A) was inserted by the Social Security Act 1985 (c. 53), section 19(1)(a), and sub-paragraph (a) in section 9(1A) was substituted by the Social Security Act 1986 (c. 50), section 67(2); sections 26(1) and 47 are cited because of the meanings ascribed to the words“prescribed” and“regulations”.

(2)

1986 c. 50; section 84(1) is cited because of the meanings ascribed to the words“prescribed” and“regulations”.

(3)

See section 61(1)(b) of the Social Security Act 1986.

(4)

S.I. 1987/91, amended by S.I. 1988/430.

(5)

S.I. 1985/1411, amended by S.I. 1987/92, 1988/431.