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The Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations (Northern Ireland) 2002

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Statutory Rules of Northern Ireland

2002 No. 354

SOCIAL SECURITY

STATUTORY MATERNITY PAY; STATUTORY SICK PAY

The Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations (Northern Ireland) 2002

Made

19th November 2002

Coming into operation in accordance with regulation 1

The Department for Social Development, in exercise of the powers conferred by sections 35(3), 35A(4) and (5)(a), (c)(i) and (d), 149(6), 160(9)(ea), 161(1), (3) and (7), 162(1)(b), 167(3)(b) to (d) and 171(1) to (4) of, and paragraphs 1 and 1A of Schedule 11 to, the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and sections 5(1)(m), 124(1) and (2) and 165(1) of the Social Security Administration (Northern Ireland) Act 1992(2), and now vested in it(3), and of all other powers enabling it in that behalf, with the concurrence of the Treasury, in so far as such concurrence is required(4), by this statutory rule, which contains only regulations made by virtue of, or consequential upon, the Social Security Act (Northern Ireland) 2002(5), hereby makes the following Regulations:

Citation, commencement and interpretation

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(6) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Statutory Maternity Pay (General) Regulations

2.—(1) The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987(7) shall be amended in accordance with paragraphs (2) to (6).

(2) In regulation 2 (the maternity pay period) –

(a)for paragraph (1)(8) 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)(9) for “18 consecutive weeks” there shall be substituted “26 consecutive weeks”;

(c)in paragraph (3)(10) 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)(11) 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)(12) 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(13) (lower rate of statutory maternity pay) there shall be substituted the following regulation –

Prescribed rate of statutory maternity pay

6.  The rate of statutory maternity pay prescribed under section 162(1)(b) of the Contributions and Benefits Act(14) 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)(15) –

(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)(16) there shall be substituted the following paragraph –

(4) Subject to paragraph (5), section 160(4) of the Contributions and Benefits Act(17) (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(18) (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(19)”;

(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”.

Amendment of the Statutory Maternity Pay (Health and Social Services Employees) Regulations

3.  In regulation 2(2) of the Statutory Maternity Pay (Health and Social Services Employees) Regulations (Northern Ireland) 1992(20) (treatment of more than one contract of service as one contract) for “21 days” there shall be substituted “28 days”.

Amendment of the Statutory Sick Pay (General) Regulations

4.  In regulation 3 of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982(21) (period of entitlement ending or not arising) –

(a)in paragraph (4)(b)(22) for “6th week” there shall be substituted “4th week”; and

(b)in paragraph (5)(a) for “6th week” there shall be substituted “4th week”.

Amendment of the Social Security (Maternity Allowance) Regulations

5.  In regulation 3 of the Social Security (Maternity Allowance) Regulations (Northern Ireland) 1987(23) (modification of the maternity allowance period) –

(a)in paragraph (1)(24) 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)(25) for “18 weeks” there shall be substituted “26 weeks”.

Amendment of the Social Security (Maternity Allowance) (Earnings) Regulations

6.—(1) The Social Security (Maternity Allowance) (Earnings) Regulations (Northern Ireland) 2000(26) 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 –

The specified period

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..

Transitional Provision

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.

Revocations

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(27); and

(b)regulation 3 of the Statutory Maternity Pay (General) (Modification and Amendment) Regulations (Northern Ireland) 2000(28).

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

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 (“the Statutory Maternity Pay (General) Regulations”), the Statutory Maternity Pay (Health and Social Services Employees) Regulations (Northern Ireland) 1992 (“the Health and Social Services Employees Regulations”), the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 (“the Statutory Sick Pay Regulations”), the Social Security (Maternity Allowance) Regulations (Northern Ireland) 1987 (“the Maternity Allowance Regulations”) and the Social Security (Maternity Allowance) (Earnings) Regulations (Northern Ireland) 2000 (“the Maternity Allowance (Earnings) Regulations”), in consequence of the Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.)).

Regulation 2 amends the Statutory Maternity Pay (General) Regulations as follows –

(a)to provide that the maternity pay period (“MPP”) will commence when a woman gives notice to her employer that she expects his liability to pay her statutory maternity pay to begin and she stops work in conformity with that notice;

(b)to extend the MPP to 26 consecutive weeks;

(c)to amend the first week of the MPP for women confined before the 11th week before the expected week of confinement (“EWC”);

(d)to provide that where a woman is absent from work wholly or partly because of pregnancy or confinement, on or after the 4th week before her EWC that her MPP will commence on the day after the first day on which she is so absent;

(e)to provide a new meaning of “week” for the purposes of a woman’s MPP in respect of a woman whose MPP commences because of her confinement before the 11th week before the EWC or her absence from work wholly or partly because of pregnancy or confinement on or after the 4th week before the EWC;

(f)to prescribe a rate of statutory maternity pay under section 162(1)(b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(g)to omit the reference to a woman’s absence from work being wholly because of her confinement from the notice she must give to her employer;

(h)to amend the period within which a notice is to be given from 21 days from the date of confinement to 28 days from that date;

(i)to provide that if a woman leaves her employment after the beginning of the week before the 14th week before her EWC she will be entitled to statutory maternity pay without giving notice to her employer;

(j)to make minor drafting changes to the requirements for employers to provide information about payments of statutory maternity pay and extend the period within which information must be supplied from 21 to 28 days; and

(k)to make minor drafting changes.

Regulation 3 amends the Health and Social Services Employees Regulations to substitute 28 days for 21 days as the period of notice a woman must give her employer.

Regulation 4 amends the Statutory Sick Pay Regulations to substitute a reference to 4 weeks before the EWC in the case of women who are incapable of work wholly or partly because of pregnancy or confinement as the date on which a period of entitlement to statutory sick pay shall end or not arise.

Regulation 5 amends the Maternity Allowance Regulations to omit regulation 3(2) which previously modified the Maternity Allowance Period (“MAP”) where a woman was confined more than 11 weeks before the EWC and to increase to 26 weeks the MAP for women not entitled before 11 weeks before the EWC who subsequently become entitled before being confined.

Regulation 6 amends the Maternity Allowance (Earnings) Regulations as follows –

(a)to substitute a reference to an amount 90 per cent. of which equals the weekly rate prescribed under section 162(1)(b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(b)to remove references to average payments;

(c)to specify the test period as the specified period for the purpose of establishing a woman’s average weekly earnings; and

(d)to alter the averaging procedure for payments made or treated as made in the specified period.

Regulations 7 and 8 make transitional provision and consequential revocations.

Sections 35A(5)(c)(i), 160(9)(ea), 161(1) and 162(1)(b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, some of the enabling provisions under which these Regulations are made, were brought into operation for the purpose only of authorising the making of regulations on 19th November 2002, by virtue of the Social Security (2002 Act) (Commencement No. 1) Order (Northern Ireland) 2002 (S.R. 2002 No. 351 (C. 28)). As these Regulations are made before the end of the period of 6 months from the commencement date of those provisions, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), from the reference to the Social Security Advisory Committee.

The impact on business of the commencement of these provisions is detailed in the Regulatory Impact Assessment relating to the Social Security Act (Northern Ireland) 2002 (c. 10). Copies of that Assessment may be obtained, free of charge, from the Social Security Policy and Legislation Division, Block 5, Room 5, Stormont Estate, Stormont, Belfast BT4 3SJ.

(1)

1992 c. 7; section 35(3) was amended by regulation 2(3) of the Maternity Allowance and Statutory Maternity Pay Regulations (Northern Ireland) 1994 (S.R. 1994 No. 176) and Article 50(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11), section 35A was inserted by Article 50(3) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and subsection (5)(c)(i) is amended by section 4(1)(b) of the Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.)), section 160(9)(ea) is inserted by section 3(d) of the Social Security Act (Northern Ireland) 2002, section 161(1) is amended by section 1 of that Act and subsections (3) and (7) were amended by regulation 3 of the Maternity Allowance and Statutory Maternity Pay Regulations (Northern Ireland) 1994, section 162 is substituted by section 2 of the Social Security Act (Northern Ireland) 2002, section 171(2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and paragraph 1A of Schedule 11 was inserted by paragraph 23 of Schedule 1 to that Order

(2)

1992 c. 8; section 124(1) was amended by paragraph 49 of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)) and section 165(1) was amended by paragraph 49 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999

(3)

See Article 8(b) of S.R. 1999 No. 481

(4)

See paragraph 1A of Schedule 11 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992

(8)

Paragraph (1) was amended by regulation 2(2)(a) of S.R. 1994 No. 191 and regulation 3(2)(a) of S.R. 2000 No. 324

(9)

Paragraph (2) was substituted by regulation 2(2)(b) of S.R. 1994 No. 191

(10)

Paragraph (3) was amended by regulation 2(2)(c) of S.R. 1994 No. 191

(11)

Paragraphs (4) and (5) were added by regulation 2(2)(d) of S.R. 1994 No. 191 and paragraph (4) was amended by regulation 3(2)(b) of S.R. 2000 No. 324

(12)

Paragraph (6) was added by regulation 3(2)(c) of S.R. 2000 No. 324

(13)

Regulation 6 was amended by Article 10 of the Social Security Benefits Up-rating Order (Northern Ireland) 2002 (S.R. 2002 No. 99)

(14)

Section 162 is substituted by section 2 of the Social Security Act (Northern Ireland) 2002

(15)

Paragraph (2) was amended by regulation 2(6)(a) of S.R. 1994 No. 191

(16)

Paragraph (4) was substituted by regulation 3(3) of S.R. 2000 No. 324

(17)

Section 160(4) is substituted by section 3(b) of the Social Security Act (Northern Ireland) 2002

(18)

Regulation 25A was inserted by regulation 6 of S.R. 1990 No. 112 and amended by regulation 18(3) of S.R. 1995 No. 150

(19)

Section 160(9)(ea) is inserted by section 3(d) of the Social Security Act (Northern Ireland) 2002

(22)

Paragraphs (4) and (5) were added by regulation 2 of S.R. 1987 No. 248 and paragraph (4) was substituted by regulation 5(b) of S.R. 1994 No. 191

(24)

Paragraph (1) was amended by regulation 2(a) of S.R. 1997 No. 156

(25)

Paragraph (2A) was inserted by regulation 3(2) of S.R. 1994 No. 191

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