Statutory Instruments
2020 No. 374
Social Security
Terms And Conditions Of Employment
The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020
Made
at 11.50 a.m. on 27th March 2020
Laid before Parliament
at 6.00 p.m. on 27th March 2020
Coming into force
28th March 2020
M1,M2 The Secretary of State, in exercise of the powers conferred by sections 151(4) and (4A) and 175(1) and (3) to (5A) of the Social Security Contributions and Benefits Act 1992 and section 40(1) to (4) of the Coronavirus Act 2020 , makes the following Regulations.
M3 In accordance with section 173(1)(a) of the Social Security Administration Act 1992 , 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 regulations 3 to 5 of these Regulations to the Social Security Advisory Committee.
Citation and commencement I1
Suspension of waiting days cross-notesI2
2. —(1)Section 155(1) (limitations on entitlement) of the Social Security Contributions and Benefits 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 152 of the 1992 Act; and
(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) M4 deemed, in accordance with regulation 2(1)(c) [F1 or (d) F1] of the Statutory Sick Pay (General) Regulations 1982 , 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 regulation 2(1)(c) [F2 or (d) F2] 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 1982I3
3. —(1)The Statutory Sick Pay (General) Regulations 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 the paragraph (i) substitute “ the Schedule ” .
(3) In regulation 2(4) omit the definition of “Public Health England”.
(4) After regulation 21A insert the Schedule set out in the Schedule to these Regulations.
Amendment of the Statutory Sick Pay (General) (Coronavirus Amendment) Regulations 2020I4
Amendment of the Statutory Sick Pay (General) (Coronavirus Amendment) (No. 2) Regulations 2020I5
Thérèse Coffey
Secretary of State
Department for Work and Pensions
Regulation 3(4)
SCHEDULE SCHEDULE TO BE INSERTED IN THE STATUTORY SICK PAY (GENERAL) REGULATIONS 1982 I6
Regulation 2(1)
“ SCHEDULE ISOLATION DUE TO CORONAVIRUS
1. A person is isolating himself from other people in such a 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 of the Department of Health and Social Care; and
the Officer with corresponding functions in relation to Scotland and Wales;
“ Deputy Chief Medical Officer ” is to be construed by reference to the definition of “Chief Medical Officer”; and
“ symptoms of coronavirus ” means the recent onset of —
a continuous cough;
a high temperature;
both a continuous cough and a high temperature; or
any other symptoms of coronavirus as may be specified by the Chief Medical Officer or one of the Deputy Chief Medical Officers in guidance as amended from time to time. ”