2020 No. 54
The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations (Northern Ireland) 2020
Made
Laid
Coming into operation
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 147(4) and (4A), 159(1) and 171(1) and (3) to (5A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 F1 and section 43(1) to (4) of the Coronavirus Act 2020 F2.
Those powers are exercisable by the Secretary of State by virtue of Article 4(1) of the Welfare Reform (Northern Ireland) Order 2015 F3.
Article 4(1) was amended by Article 4(2)(a) of the Welfare Reform and Work (Northern Ireland) Order 2016 (S.I.2016/999 (N.I. 1))
Citation and commencement1
These Regulations may be cited as the Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations (Northern Ireland) 2020 and come into operation on 28th March 2020.
Suspension of waiting days2
1
Section 151(1) (limitations on entitlement) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (the 1992 Act) does not apply in relation to an employee where—
a
that employee's period of incapacity for work is related to coronavirus; and
b
the first day of incapacity for work in that period arose on or after 13th March 2020.
2
Paragraph (1) applies in relation to a day of incapacity for work that falls on or after 13th March 2020.
3
In this regulation—
a
“period of incapacity for work” has the meaning given by section 148 of the 1992 Act;
b
a period of incapacity for work is related to coronavirus if the employee is—
i
incapable by reason of infection or contamination with coronavirus, or
ii
deemed, in accordance with regulation 2(1)(c) of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 F4 to be incapable by reason of coronavirus,
of doing work which the employee can reasonably be expected to do under the employee's contract of service.
4
The reference to 2(1)(c) in paragraph (3)(b) above is a reference to the regulation which was in force on the first day of incapacity for work in question.
Amendment of the Statutory Sick Pay (General) Regulations (Northern Ireland) 19823
1
The Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 are amended as follows.
2
In regulation 2(1)(c)(i) (persons deemed incapable of work) for the words starting with “guidance published by” to the end
of paragraph (i) substitute “
the Schedule
”
.
3
After regulation 21A insert the Schedule set out in the Schedule to these Regulations.
Amendment of the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations (Northern Ireland) 20204
Omit regulation 3 (expiry) of the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations (Northern Ireland) 2020 F5.
Amendment of the Statutory Sick Pay (General) (Coronavirus Amendment) (No.2) Regulations (Northern Ireland) 20205
Omit regulation 3 (expiry) of the Statutory Sick Pay (General) (Coronavirus Amendment) (No.2) Regulations (Northern Ireland) 2020 F6.
SCHEDULESCHEDULE TO BE INSERTED IN THE STATUTORY SICK PAY (GENERAL) REGULATIONS (NORTHERN IRELAND) 1982
SCHEDULE ISOLATION DUE TO CORONAVIRUS
1
A person is isolating himself from other people in such manner as to prevent infection or contamination with coronavirus in accordance with this Schedule if he is doing so pursuant to paragraphs 2 to 5.
2
The person has symptoms of coronavirus, however mild, and is staying at home for 7 days, beginning with the day (“day 1”) the symptoms started.
3
The person lives with someone who is isolating himself in accordance with paragraph 2, and that person is staying at home for 14 days, beginning with day 1.
4
The person is staying at home under paragraph 3 and develops the symptoms of coronavirus, however mild, and is staying at home for 7 days, beginning with the day the symptoms started.
5
Where the person is staying at home pursuant to paragraph 4, paragraph 3 no longer applies to that person.
6
In this Schedule–
“Chief Medical Officer” means the Chief Medical Officer for Northern Ireland and Deputy Chief Medical Officer is to be construed accordingly.
“symptoms of coronavirus” means the recent onset of—
- a
a continuous cough;
- b
a high temperature;
- c
both a continuous cough and a high temperature; or
- d
any other symptoms of coronavirus as may be specified by the Chief Medical Officer or the Deputy Chief Medical Officer in guidance as amended from time to time.
1992 c. 7. Section 147(4) was amended by SR.1994/1898. Section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21). Section 147(4A) and section 171(5A) were inserted by section 44 of the Coronavirus Act 2020 (c.7)