Statutory Sick Pay Act 1991
In section 9 of the Social Security and Housing Benefits Act 1982 (recovery by employers of amounts paid by way of statutory sick pay) in subsection (1)—
one or more payments of statutory sick pay in a prescribed period to recover an amount equal to the sum of— by making
in paragraph (b) (which requires regulations to provide for payments to be made by the Secretary of State to employers who are unable to recover by such deductions the whole or any part of any payments of statutory sick pay which they have made) for the words “any payments of statutory sick pay which they have made” there shall be substituted the words “the amounts which they are entitled to recover by virtue of paragraph (a) above.”
Subsection (1A) of that section (which requires regulations to give an employer who has paid statutory sick pay a right to an amount determined by reference to certain secondary Class 1 contributions paid) shall cease to have effect.
In subsection (3) of that section (provision that may be made by regulations) after paragraph (b) there shall be added the words and
In consequence of subsection (1) above, in section 1(4A) of the Social Security Act 1975 (which provides for payments to be made out of money provided by Parliament into the National Insurance Fund in each financial year of an amount equal to the estimated aggregate of all statutory sick pay and statutory maternity pay paid by employers and others in that year) for the words “paid by employers and others in that year” there shall be substituted the words “recovered by employers and others in that year”.
In section 22 of the Social Security Act 1989 (recovery of sums equivalent to benefit from compensation payments) in the definition of “benefit” in subsection (3), the words “subject to regulations under subsection (3A) below” shall be inserted after the word “and”, and after that subsection there shall be inserted—
In section 9 of the Social Security and Housing Benefits Act 1982, before subsection (2) (meaning of “contributions payments”) there shall be inserted—
In subsection (2) of that section (meaning of “contributions payments” in subsections (1)(a) and (1A)) for the words “and subsection (1A)” there shall be substituted the words “and subsection (1D)”.
In Part II of Schedule 5 to the Social Security Act 1986 (questions for the Secretary of State) in paragraph (b), after sub-paragraph (v) there shall be inserted the words or.
The first regulations made under section 9 of the Social Security and Housing Benefits Act 1982 by virtue of this section shall—
specify 6 as the prescribed number of weeks for the purposes of subsection (1B)(b) of that section; and
without prejudice to subsection (1D)(b) of that section, define a “small employer” as an employer whose contributions payments for the tax year preceding the one in which the day of incapacity for work in question falls did not exceed £15,000.
Any day of incapacity for work falling before 6th April 1991 shall be left out of account for the purposes of subsection (1B) of that section.
In consequence of this Act, the words “ the Social Security Acts 1975 to 1991 ” shall be substituted for the words “the Social Security Acts 1975 to 1990” in each place where they occur in the following enactments, that is to say—
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section 4(5) of the Forfeiture Act 1982;
section 5(1)(a) of the Social Security Act 1985;
paragraph (b) of the definition of “the benefit Acts” in section 84(1) of the Social Security Act 1986.
The enactments specified in the Schedule to this Act are repealed to the extent specified in the third column of that Schedule.
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such transitional provision,
such consequential provision, or
such savings,
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which contains (whether alone or with other provisions) any regulations made under subsection (3) above, and
which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
The amendment or repeal by this Act of any provision of the Social Security and Housing Benefits Act 1982 or any other enactment which applies to any extent in relation to the Crown, or to persons employed by or under the Crown, has effect in relation to the Crown or any such persons to the same extent as the provision amended or repealed; and the powers conferred by subsection (3) above are correspondingly exercisable in relation to the Crown or any such persons.
This Act may be cited as the Statutory Sick Pay Act 1991; and this Act and the Social Security Acts 1975 to 1990 may be cited together as the Social Security Acts 1975 to 1991.
Except for section 3(1) and (3) to (6) above and this section (which come into force on the passing of this Act), this Act shall not come into force until such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different provisions and for different purposes of the same provision.
There shall be paid out of money provided by Parliament any administrative expenses incurred by a Minister of the Crown in consequence of this Act.
Where any enactment repealed or amended by this Act extends to any part of the United Kingdom, the repeal or amendment extends to that part.
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shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsections (1), (2), (4) and (5) above and this subsection extend to Northern Ireland.
Except as provided by this section, this Act does not extend to Northern Ireland.
Section 3(2). Chapter Short title Extent of repeal 1982 c. 24. Social Security and Housing Benefits Act 1982. In section 9— (a) subsection (1A); (b) in subsection (3), the word “and” immediately preceding paragraph (b); (c) in subsection (5), the words “or deductions or payments made by virtue of subsection (1A) above”; (d) in subsection (7), the words “or subsection (1A)(c)”. 1985 c. 53. Social Security Act 1985. Section 19. 1986 c. 50. Social Security Act 1986. Section 67(2). In Schedule 5, Part II, paragraph (b), the word “or” at the end of sub-paragraph (iv).