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HMRC internal manual

Statutory Payments Manual

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HM Revenue & Customs
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Information Powers - the legislation

SMP and SSP

Sections 130 and 132 of the Social Security Administration Act 1992 (SSAA1992) and Sections 122 and 124 of the Social Security Administration (Northern Ireland) Act 1992 (SSA(NI)A1992) provide for regulations which enable an authorised officer to require anyone claiming to be entitled to SSP or SMP, or who is a party to the decision making process (see below) to produce information or documents that the officer may require to find out whether SSP or SMP is or was payable.

Usually the party to the decision making process will be the employer, but it could be an agent of the employee or the employer, or for example a doctor.

The relevant regulations are:

  • Regulation 14 of the Statutory Sick Pay (General) Regulations1982 (SI1982/894), as amended by the Statutory Sick Pay (General) (Amendment) Regulations 2005. 
  • Regulation 25 of the Statutory Maternity Pay (General) Regulations 1986 (SI1986/1960), as amended by the Statutory Maternity Pay (General) (Amendment) Regulations 2005. 
  • Regulation 14 of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 (S.R. 1982 No.263), as amended by the Statutory Sick Pay (General) (Amendment) (Northern Ireland) Regulations 2005.
  • Regulation 25 of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No.30), as amended by the Statutory Maternity Pay (General) (Amendment) (Northern Ireland) Regulations 2005 

SAP, SPP, ASPP and ShPP

Section 10 of the Employment Act 2002 (EA2002/S10) and Article 11 of the Employment (Northern Ireland) Order 2002 (E(NI)O2002/A11) provide for regulations for an authorised officer, to require specified persons to produce information or documents that the officer may reasonably require to find out whether SAP, SPP, ASPP or ShPP is or was payable.

The relevant regulations are:

  • Regulation 14 of the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 SI2820/2002
  • Regulation 10 of the Additional Statutory Paternity Pay (Birth, Adoption and Adoptions from Overseas) (Administration) Regulations 2010 SI2010/154 and
  • Regulation 14 of the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations (Northern Ireland) 2002 S.R. 2002 No. 379
  • Regulation 10 of the Additional Statutory Paternity Pay (Birth, Adoption and Adoptions from Overseas) (Administration) Regulations (Northern Ireland) 2010 S.R 2010 No.299.
  • Regulation 14 of the Statutory Shared Parental Pay (Administration) Regulations 2014 SI2014/2929