Statutory Instruments
Social Security
Made
at 2.26 p.m. on 16th March 2020
Laid before Parliament
at 5.00 p.m. on 16th March 2020
Coming into force
17th March 2020
The Secretary of State, in exercise of the powers conferred by sections 151(4), 153(6), 163(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 M1, makes the following Regulations.
In accordance with section 173(1)(a) of the Social Security Administration Act 1992 M2, it appears to the Secretary of State that by reason of the urgency of this matter it is inexpedient to refer the proposals in respect of these Regulations to the Social Security Advisory Committee.
Marginal Citations
M11992 c. 4. Section 151(4) was amended by paragraph 34 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18). Section 163(1) is cited for the definition of “prescribed”.
1. These Regulations may be cited as the Statutory Sick Pay (General) (Coronavirus Amendment) (No. 2) Regulations 2020 and come into force on 17th March 2020.
2.—(1) Regulation 2 of the Statutory Sick Pay (General) Regulations 1982 M3 is amended as follows.
(2) In paragraph (1)(c)(i)—
(a)omit “disease”;
(b)for “12th” substitute “ 16th ”.
(3) In paragraph (4) for the definition of “coronavirus disease” substitute—
““coronavirus” means severe acute respiratory syndrome coronavirus 2.”
Commencement Information
Marginal Citations
M3S.I. 1982/894. Paragraph (1)(c) was inserted by S.I. 2020/287.
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 3 omitted (28.3.2020) by virtue of The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 (S.I. 2020/374), regs. 1, 5
Commencement Information
I3Reg. 3 in force at 17.3.2020, see reg. 1
Signed by authority of the Secretary of State for Work and Pensions
Mims Davies
Parliamentary Under Secretary of State
Department for Work and Pensions
(This note is not part of the Regulations)
These Regulations amend the Statutory Sick Pay (General) Regulations 1982 (“the 1982 Regulations”).
Regulation 2(1) of the 1982 Regulations provides for categories of people to be treated as incapable of work for the purposes of claiming statutory sick pay. The Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020 (S.I. 2020/287) amend regulation 2(1) to provide that a person who is isolating himself from others in accordance with advice on coronavirus disease effective on 12th March 2020 is deemed to be incapable of work. These Regulations amend that date to 16th March 2020.
That guidance is published in digital form only on the following websites: www.gov.uk/guidance/coronavirus-covid-19-information for the public; www.hps.scot.nhs.uk/a-to-z-of-topics/wuhan-novel-coronavirus; and www.phw.nhs.wales/topics/latest-information-on-novel-coronavirus-covid-19/.
There is a requirement for the Secretary of State to keep these regulations under review, and they will cease to have effect eight months after 13th March 2020 (the date the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020 came into force).
No regulatory impact assessment has been produced for these Regulations in view of the urgency required to ensure that reference is made to the latest guidance in order to encourage self-isolation and to minimise the risks to public health arising from coronavirus disease.