Instruments relating to COVID-19
Travel
Mandatory Travel Concession (England) (Amendment) Regulations 2022
(SI 2022/284)
20.During the pandemic, because numbers of bus passengers were much lower than usual, emergency funding packages were provided to support the bus industry. Initially this was through the COVID-19 Bus Services Support Grant, which provided £1.5 billion, but was superseded on 1 September 2021 by the Bus Recovery Grant, which is providing £226.5 million of recovery funding to help to maintain bus networks.
21.As part of the package, the requirement for Travel Concession Authorities (TCAs)9 to ensure that operators are not better off as a result of reimbursement arrangements was suspended until 5 April 2022. This instrument extends the suspension until the end of 5 April 2023 to support both the bus sector and the objectives of the National Bus Strategy, Bus Back Better.10 The recovery strategy recommends TCAs take an incremental approach to reducing current payments by 5% every other month, until they are back in line with actual patronage levels, to avoid a sudden reduction in these payments.
Health Protection (Coronavirus, International Travel and Operator Liability) (Revocation) (England) Regulations 2022 (SI 2022/ 317)
22.This instrument revoked the International Travel Regulations11 from 4am on 18 March 2022 and made consequential amendments to the Health Protection (Notification) Regulations 2010 to implement the decision to revoke all border health measures.
23.This revocation means that there will no longer be any coronavirus-related requirements or restrictions for any traveller entering England. This includes removing the current requirement for all passengers to complete a Passenger Locator Form no more than three days prior to arrival in England. The requirement for “non-eligible” travellers to book and take a pre-departure test and day 2 test is also removed, as is the requirement to self-isolate in managed accommodation if arriving from a “Red List” country. The Department of Health and Social Care states that following the recent removal of all remaining domestic self-isolation and testing requirements in England, there is a limited public health rationale for treating domestic and international arrival cases differently.
Public services
National Health Service Pension Schemes (Member Contributions etc.) (Amendment) Regulations 2022 (SI 2022/273)
24.Part 3 of this instrument extends the provisions made under the Coronavirus Act 2020 which temporarily enable retired or partially retired NHS staff to return to work, or increase their work hours, without having their pension benefits abated or suspended. The temporary provision, designed to attract back trained staff to deal with the pandemic, is extended to 31 September 2022.
25.Part 2 of the instrument sets out the revisions to the NHS pension scheme that will apply to all staff from that date.12 That is to reflect the move from 1 April 2022 to a Career Average Revalued Earnings Scheme which will be based on members’ actual pensionable pay rather than their notional whole-time equivalent pay. This instrument implements the first phase of the changes to the member contribution structure, with further changes planned to follow in 2023.
Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2022 (SI 2022/ 295)
26.In July 2021 the Government laid temporary regulations to facilitate civil wedding and civil partnership ceremonies during the pandemic restrictions by allowing them to take place outdoors.13 These provisions were due to lapse on 5 April 2022, but these Regulations make the arrangement permanent. The provision has proved very popular and 96% of those who responded to the consultation exercise supported its continuation. The requirements remain the same: outdoor locations for the ceremony will need to meet certain conditions, including that they are seemly and dignified and are identifiable by directions so that they can be easily located by the public.
Changes to benefits and contributions
Social Security Contributions (Disregarded Payments) (Coronavirus) Regulations 2022 (SI 2022/276)
27.This instrument extends the current National Insurance contributions (NICs) disregard to ensure that where an employer pays or reimburses an employee for the cost of a relevant coronavirus diagnostic test,14 there is no Class 1 NICs liability for either the employer or the employee. HM Revenue and Customs explains that the disregard for employer-reimbursed coronavirus diagnostic tests was first introduced for the 2020-21 tax year15 and subsequently extended for the 2021-22 tax year.16 This instrument provides for the NICs disregard to be extended again to also apply in the 2022-23 tax year. The extension is temporary and will only have effect for payments made between 6 April 2022 and 5 April 2023.
9 TCAs are legally required to reimburse bus operators for carrying concessionary passengers, so that those who have reached State Pension Age or have eligible disabilities may travel for free.
10 Department for Transport, ‘Bus Back Better’: https://www.gov.uk/government/publications/bus-back-better [accessed 29 March 2022].
11 Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (SI 2021/582) as amended.
12 See also National Health Service Pensions Schemes (Amendment) Regulations 2022 (SI 2022/327) mentioned on page 11 of this report.
13 Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2021 (SI 2021/775). SLSC 9th Report (Session 2021-22, HL Paper 45) and 11th Report (Session 2021-22, HL Paper 52).
14 This includes Lateral Flow Tests and Polymerase Chain Reaction Tests but not antibody tests.
15 Social Security Contributions (Disregarded Payments) (Coronavirus) (No. 2) Regulations 2020
(SI 2020/1523).
16 Social Security Contributions (Disregarded Payments) (Coronavirus) Regulations 2021 (SI 2021/242).