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Statutory sick pay: funding of employers’ liabilities

Coronavirus Bill – in the House of Commons at 10:00 pm on 23rd March 2020.

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Amendment made: 40, page 25, line 27, at end insert—

“(2) The Social Security Administration Act 1992 has effect as if in section 113A (statutory sick pay and statutory maternity pay: breach of regulations)—

(a) in subsection (1)(c), after “153(5)(b)” there were inserted “or 159B”;

(b) in subsection (3), after “132” there were inserted “of this Act, or section 159B of the Contributions and Benefits Act”.

(3) The Social Security Administration Act 1992 has effect as if in section 113B (statutory sick pay and statutory maternity pay: fraud and negligence)—

(a) in subsection (1)(b)(iii), after “153(5)(b)” there were inserted “or 159B”;

(b) after subsection (2) there were inserted—“(2A) Where an employer fraudulently or negligently receives a payment in pursuance of regulations under section 159B of the Contributions and Benefits Act (funding of employers’ statutory sick pay liabilities in relation to coronavirus), the employer is liable to a penalty not exceeding £3,000.””—(Penny Mordaunt.)

This amendment makes consequential amendments to the Social Security Administration Act 1992 to apply the enforcement provisions of that Act to the statutory sick pay rebate scheme in new section 159B of the Social Security Contributions and Benefits Act 1992 (as inserted by clause 37). This includes the ability to impose financial penalties for breaches of regulations.

Clause 37, as amended, ordered to stand part of the Bill.

Clauses 38 and 39 ordered to stand part of the Bill.