Section 221 — Income Tax (Earnings and Pensions) Act 2003: Payments where employee absent because of sickness or disability

Payments where employee absent because of sickness or disability 221 1 This section applies if—

a an employee is absent from work because of sickness or disability, and b a qualifying sickness payment is made in respect of the employee’s absence from work.

2 But this section does not apply if the qualifying sickness payment constitutes earnings from the employment by virtue of any other provision.

3 The qualifying sickness payment is to be treated as earnings from the employment in respect of the period of absence.

4 If the qualifying sickness payment is made from funds to which the employer and the employer’s employees have made contributions, only the amount of the payment which it is just and reasonable to attribute to the employer’s contributions is treated as earnings under this section.

5 In this section “ qualifying sickness payment ” means a payment which meets conditions A and B.

6 Condition A is that the payment is made—

a to the employee or to a member of the employee’s family, b to the order of such a person, or c to the benefit of such a person.

7 Condition B is that the payment is made—

a by reason of the employment, and b as a result of arrangements entered into by the employer.