1.—(1) These Regulations may be cited as the Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 and shall come into operation –
(a)except for the purposes of regulation 2(3) and (6), on 24th November 2002; and
(b)for the purposes of regulation 2(3) and (6), on 6th April 2003.
(2) These Regulations, (except for regulation 2(3) and (6)), shall take effect only in respect of those women whose expected week of confinement commences on or after 6th April 2003.
(3) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Assembly.
2.—(1) The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987(2) shall be amended in accordance with paragraphs (2) to (6).
(2) In regulation 2 (the maternity pay period) –
(a)for paragraph (1)(3) there shall be substituted the following paragraph –
“(1) Subject to paragraphs (3) to (6), where a woman gives notice to her employer of the date from which she expects his liability to pay her statutory maternity pay to begin and in conformity with that notice ceases to work for him in a week which is later than the 12th week before the expected week of confinement, then the first week in the maternity pay period shall be the week following the week in which she ceased to work, or the week immediately following the week in which she is confined, whichever is the earlier.”;
(b)in paragraph (2)(4) for “18 consecutive weeks” there shall be substituted “26 consecutive weeks”;
(c)in paragraph (3)(5) for “shall be the week after the week in which she is confined” there shall be substituted “shall be the week commencing on the day after the day on which she is confined”;
(d)for paragraph (4)(6) there shall be substituted the following paragraph –
“(4) Subject to paragraph (6), where a woman is absent from work wholly or partly because of pregnancy or confinement on any day which falls on or after the beginning of the 4th week before the expected week of confinement, but not later than the week immediately following the week in which she is confined, the first week of the maternity pay period shall be the week beginning on the day following the day on which she is so absent.”;
(e)paragraph (5) shall be omitted;
(f)for paragraph (6)(7) there shall be substituted the following paragraph –
“(6) In a case where a woman leaves her employment at any time falling after the beginning of the 11th week before the expected week of confinement and before the start of the maternity pay period but not later than the week immediately following the week in which she is confined, the first week of the maternity pay period shall be the week after the week in which her employment ends.”; and
(g)after paragraph (6) there shall be added the following paragraph –
“(7) “week” for the purposes of a maternity pay period which falls within paragraph (3) or (4) means a period of 7 consecutive days.”.
(3) For regulation 6(8) (lower rate of statutory maternity pay) there shall be substituted the following regulation –
6. The rate of statutory maternity pay prescribed under section 162(1)(b) of the Contributions and Benefits Act(9) is a weekly rate of £100·00.”.
(4) In regulation 23 (notice of absence from work) –
(a)in paragraph (1) –
(i)in sub-paragraph (a) for “that her absence from work with him is wholly because of her confinement” there shall be substituted “of the date on which she was confined”; and
(ii)in sub-paragraph (b) for “21 days” there shall be substituted “28 days”;
(b)in paragraph (2)(10) –
(i)in sub-paragraph (a) the words “wholly or partly because of pregnancy or confinement” shall be omitted; and
(ii)in sub-paragraph (b) for “21 days” there shall be substituted “28 days”; and
(c)for paragraph (4)(11) there shall be substituted the following paragraph –
“(4) Subject to paragraph (5), section 160(4) of the Contributions and Benefits Act(12) (statutory maternity pay – entitlement and liability to pay) shall not have effect in the case of a woman who leaves her employment with the person who will be liable to pay her statutory maternity pay after the beginning of the week immediately preceding the 14th week before the expected week of confinement.”.
(5) In regulation 25A(13) (provision of information relating to claims for certain other benefits) –
(a)in paragraph (1) for “Article 47(4) of the 1986 Order” there shall be substituted “section 160(4)(a) or (9)(ea) of the Contributions and Benefits Act(14)”;
(b)in paragraph (3) –
(i)the word “either” shall be omitted; and
(ii)the words “or for part of a week within the maternity pay period she was not present in a member State,” shall be omitted; and
(c)in paragraph (4)(b) –
(i)in head (i) for “21 days” there shall be substituted “28 days”; and
(ii)in head (ii) the words “or, as the case may be, absence from a member State” shall be omitted.
(6) In regulation 28 (rounding to avoid fractional amounts) for “at the higher rate specified in Article 49(2) of the 1986 Order” there shall be substituted “at the earnings-related rate referred to in section 162(1) of the Contributions and Benefits Act”.
3. In regulation 2(2) of the Statutory Maternity Pay (Health and Social Services Employees) Regulations (Northern Ireland) 1992(15) (treatment of more than one contract of service as one contract) for “21 days” there shall be substituted “28 days”.
4. In regulation 3 of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982(16) (period of entitlement ending or not arising) –
(a)in paragraph (4)(b)(17) for “6th week” there shall be substituted “4th week”; and
(b)in paragraph (5)(a) for “6th week” there shall be substituted “4th week”.
5. In regulation 3 of the Social Security (Maternity Allowance) Regulations (Northern Ireland) 1987(18) (modification of the maternity allowance period) –
(a)in paragraph (1)(19) for “Section 22(2) of the Act” there shall be substituted “Section 35(2) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992”;
(b)paragraph (2) shall be omitted; and
(c)in paragraph (2A)(20) for “18 weeks” there shall be substituted “26 weeks”.
6.—(1) The Social Security (Maternity Allowance) (Earnings) Regulations (Northern Ireland) 2000(21) shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 3(a) (specified payments for self-employed earners) for “the lower earnings limit in force” there shall be substituted “an amount 90 per cent. of which is equal to the weekly rate prescribed under section 162(1)(b) of the Contributions and Benefits Act that is in force”.
(3) In regulation 4 (aggregation of specified payments) –
(a)in paragraph (1) the words “other than one to which regulation 5(2) applies” shall be omitted; and
(b)paragraph (2) shall be omitted.
(4) For regulation 5 (the specified period) there shall be substituted the following regulation –
5. For the purpose of section 35A(4) and (5) of the Contributions and Benefits Act the specified period shall be the test period.”.
(5) In regulation 6 (determination of average weekly amount of specified payments) –
(a)for paragraph (1) there shall be substituted the following paragraph –
“(1) For the purpose of section 35A(4) of the Contributions and Benefits Act a woman’s average weekly amount of specified payments shall, subject to paragraph (2), be determined by dividing by 13 the payments made, or treated in accordance with these Regulations as made, to her or for her benefit, in the 13 weeks (whether consecutive or not) falling within the specified period in which such payments are greatest.”; and
(b)after paragraph (2) there shall be added the following paragraph –
“(3) Where a woman is normally paid other than weekly, the payments made or treated as made to her or for her benefit for the purposes of paragraph (1) shall be calculated by dividing the payments made to her in any week by the nearest whole number of weeks in the period in respect of which she is paid.”.
7. In relation to any period before 6th April 2003, the reference to section 162(1)(b) of the Contributions and Benefits Act in regulation 6(2) is a reference to section 162(3) of that Act.
8. The following regulations are hereby revoked –
(a)regulation 2(2)(a) and (d) of the Social Security Maternity Benefits, Statutory Maternity Pay and Statutory Sick Pay (Amendment) Regulations (Northern Ireland) 1994(22); and
(b)regulation 3 of the Statutory Maternity Pay (General) (Modification and Amendment) Regulations (Northern Ireland) 2000(23).
Sealed with the Official Seal of the Department for Social Development on 19th November 2002.
L.S.
D. A. Baker
Senior Officer of the
Department for Social Development
The Treasury hereby concur.
Jim Fitzpatrick
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
20th November 2002