Citation, commencement and extent

1. —(1) These Regulations may be cited as the Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days) (Saving Provision) Regulations 2022 and come into force on 25th March 2022.

(2) These Regulations extend to England and Wales and Scotland.

Saving provision related to the suspension of waiting days

2. —(1) Despite the expiry of section 40 of the Coronavirus Act 2020 ( 2 ), regulation 2 of the Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 ( 3 ) (“ the 2020 Regulations ”) shall continue to have effect, subject to the modifications specified in paragraph (3), as set out in this regulation.

(2) Regulation 2 of the 2020 Regulations shall continue to have effect, subject to the modifications specified in paragraph (3), in relation to a period of incapacity for work which is related to coronavirus where that period of incapacity for work begins on or before 24th March 2022.

(3) The modifications are that regulation 2 of the 2020 Regulations is treated as though the following were omitted—

(a) the word “or” at the end of paragraph (3)(b)(i) of that regulation; and

(b) paragraphs (3)(b)(ii) and (4) of that regulation.

(4) In this regulation—

(a) “ period of incapacity for work ” has the meaning given by section 152 of the Social Security Contributions and Benefits Act 1992 ( 4 ); and

(b) whether a period of incapacity for work is related to coronavirus is to be determined in accordance with regulation 2(3)(b) of the 2020 Regulations.