The Social Security (Contributions), Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations (Northern Ireland) 1996

Amendment of the Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations

4.—(1) The Statutory Sick Pay (Mariners, Airmen and Persons Abroad) Regulations (Northern Ireland) 1982(1) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (interpretation)—

(a)before the definition of “the Order” there shall be inserted the following definition—

““the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;”;

(b)after the definition of “Part II” there shall be inserted the following definition—

““the Contributions Regulations” means the Social Security (Contributions) Regulations (Northern Ireland) 1979;”.

(3) After regulation 4 (persons in other member States — meaning of “employee”) there shall be inserted the following regulation—

“Persons absent from Northern Ireland — meaning of “employee”

4A.  Subject to regulations 4, 5(2), 6(2) and 7, where a person, while absent from Northern Ireland for any purpose, is gainfully employed by an employer who is liable to pay in respect of him secondary Class 1 contributions under section 6 of the Contributions and Benefits Act or regulation 112 of the Contributions Regulations(2), he shall be treated as an employee for the purposes of Part XI of that Act.”.

(4) For regulation 8 (persons abroad — period of entitlement ending or not arising) there shall be substituted the following regulation—

“Persons abroad — general

8.  Where a mariner or an airman within the meaning of regulation 5(1) or 6, or a person who is an employee, or is treated as an employee under regulation 4 or 4A, is incapable of work during a period of entitlement to statutory sick pay while absent from Northern Ireland, his entitlement to statutory sick pay shall cease only if he fails to satisfy the conditions of entitlement under Part XI of the Contributions and Benefits Act, notwithstanding that his employer ceases, during the period of entitlement, to be liable to pay in respect of him secondary Class 1 contributions under section 6 of that Act or regulation 112 of the Contributions Regulations.”.

(5) Regulations 9 and 10 are hereby revoked.