The Social Security (Maternity Allowance) (Earnings) Regulations (Northern Ireland) 2000

Specified payments for employed earners

2.—(1) Subject to paragraph (2), for the purposes of section 35A(4)(a) of the Contributions and Benefits Act, the payments specified for a woman who is an employed earner in any week falling within the test period shall be all payments made to her or for her benefit as an employed earner including—

(a) any sum payable in respect of arrears of pay in pursuance of an order for reinstatement under Article 148 or re-engagement under Article 149 of the Employment Rights (Northern Ireland) Order 1996(1) (orders for reinstatement and re-engagement);

(b) any sum payable by way of pay in pursuance of an order made under Article 164 of the Employment Rights (Northern Ireland) Order 1996(2) (procedure on hearing of application and making of order) for the continuation of a contract of employment;

(c) any sum payable by way of remuneration in pursuance of a protective award under Article 217 of the Employment Rights (Northern Ireland) Order 1996 (complaint and protective award);

(d) any sum payable by way of statutory sick pay, including sums payable in accordance with regulations made under section 147(6) of the Contributions and Benefits Act(3) (employer’s liability);

(e) any sum payable by way of statutory maternity pay, including sums payable in accordance with regulations made under section 160(9)(b) of the Contributions and Benefits Act(4) (statutory maternity pay – entitlement and liability to pay).

(2) The payments specified shall not include any sum excluded from the computation of a person’s earnings under regulation 19, 19A or 19B of the Social Security (Contributions) Regulations (Northern Ireland) 1979(5) (payments to be disregarded).

(1)

S.I. 1996/1919 (N.I. 16)

(2)

Article 164 was amended by S.R. 1998 No. 386

(3)

Section 147(6) was amended by paragraph 10 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999

(4)

Section 160(9) was amended by paragraph 14(2) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999

(5)

Regulation 19 was amended by S.R. 1983 No. 64, S.R. 1984 No. 43, S.R. 1987 Nos. 143 and 348, S.R. 1988 No. 204, S.R. 1991 No. 490, S.R. 1993 Nos. 114 and 437, S.R. 1995 No. 257, S.R. 1996 Nos. 89 and 566, S.R. 1997 Nos. 163 and 180, S.R. 1998 Nos. 103, 317 and 332 and S.R. 1999 Nos. 117, 118 and 119; regulation 19A was inserted by S.R. 1987 No. 348 and regulation 19B was inserted by S.R. 1987 No. 468 and amended by S.R. 1991 No. 106 and S.R. 1996 No. 89