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

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Amendment of the Statutory Maternity Pay (General) Regulations

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

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

(a)for paragraph (1)(2) 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)(3) for “18 consecutive weeks” there shall be substituted “26 consecutive weeks”;

(c)in paragraph (3)(4) 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)(5) 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)(6) 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(7) (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(8) 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)(9) –

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

(4) Subject to paragraph (5), section 160(4) of the Contributions and Benefits Act(11) (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(12) (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(13)”;

(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”.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

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