The Social Security (Paternity and Adoption Amendment) Regulations (Northern Ireland) 2002

Amendment of the Housing Benefit Regulations

4.—(1) The Housing Benefit Regulations shall be amended in accordance with paragraphs (2) to (6).

(2) In regulation 2(1) (interpretation)–

(a) before the definition of “advanced education” there shall be inserted the following definition–

““adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of Article 107A or 107B of the Employment Rights (Northern Ireland) Order 1996;”;

(b) after the definition of “partner” there shall be inserted the following definition–

““paternity leave” means a period of absence from work on leave by virtue of Article 112A or 112B of the Employment Rights (Northern Ireland) Order 1996;”.

(3) In regulation 4(6)(1) (remunerative work) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”.

(4) In regulation 21A(2) (treatment of child care charges) for paragraphs (7) and (8)(3) there shall be substituted the following paragraphs–

“(7) For the purposes of paragraph (1) a person on maternity leave, paternity leave or adoption leave shall be treated as if he is engaged in remunerative work for the period specified in paragraph (8) (“the relevant period”), provided that–

(a) in the week before the period of maternity leave, paternity leave or adoption leave began he was in remunerative work;

(b) the claimant incurred relevant child care charges within the meaning of paragraph (2) in that week, and

(c) he is entitled to maternity allowance under section 35 of the Contributions and Benefits Act, statutory maternity pay under section 160 of that Act, statutory paternity pay under section 167ZA or 167ZB of that Act(4), statutory adoption pay under section 167ZL of that Act(5) or qualifying support.

(8) For the purposes of paragraph (7) the relevant period shall begin on and include the day on which the person’s maternity leave, paternity leave or adoption leave commences and shall end on–

(a) the date that leave ends;

(b) if no tax credit is in payment on the date that entitlement to maternity allowance, statutory maternity pay, statutory paternity pay, statutory adoption pay or qualifying support ends, the date that entitlement ends, or

(c) if a tax credit is in payment on the date that entitlement to maternity allowance, statutory maternity pay, statutory paternity pay, statutory adoption pay or qualifying support ends, the date that entitlement to that award of the tax credit ends,

whichever shall occur first.

(9) In–

(a) paragraphs (7) and (8) “qualifying support” means income support to which that person is entitled by virtue of paragraph 14B of Schedule 1B to the Income Support (General) Regulations (Northern Ireland) 1987(6) (paternity leave);

(b) paragraph (8) “tax credit” means either working families' tax credit or a disabled person’s tax credit provided that a childcare tax credit under either regulation 46(1)(c) of the Family Credit (General) Regulations (Northern Ireland) 1987(7) (determination of appropriate maximum working families' tax credit) or, as the case may be, regulation 51(1)(aa) of the Disability Working Allowance (General) Regulations (Northern Ireland) 1992(8) (determination of appropriate maximum disabled person’s tax credit) forms part of the entitlement to either of those credits.

(10) Where paragraph (7) applies to a person on maternity leave, paternity leave or adoption leave any child care charges in respect of the child to whom such leave relates shall not be treated as relevant child care charges for the purposes of this regulation and regulation 21 (calculation of income on a weekly basis).”.

(5) In regulation 28(1) (earnings of employed earners)–

(a) in sub-paragraph (i)(9) for “or statutory maternity pay” there shall be substituted “, statutory maternity pay, statutory paternity pay or statutory adoption pay”;

(b) in sub-paragraph (k)(10) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”.

(6) In regulation 29(3)(d)(11) (calculation of net earnings of employed earners) for “or statutory maternity pay” there shall be substituted “, statutory maternity pay, statutory paternity pay or statutory adoption pay”.

(1)

Regulation 4(6) was added by regulation 3(b) of S.R. 1993 No. 381

(2)

Regulation 21A was inserted by regulation 2(3) of S.R. 1994 No. 274

(3)

Paragraphs (7) and (8) were added by regulation 3 of S.R. 2001 No. 259

(4)

Section 167ZA and 167ZB were inserted by Article 5 of the Employment (Northern Ireland) Order 2002

(5)

Section 167ZL was inserted by Article 6 of the Employment (Northern Ireland) Order 2002

(6)

Paragraph 14B is inserted by regulation 2(5) of these Regulations

(7)

S.R. 1987 No. 463; paragraph (1) was substituted by regulation 3(2) of S.I. 2001/366

(8)

S.R. 1992 No. 78; paragraph (1) was substituted by regulation 6(2) of S.I. 2001/366

(9)

Sub-paragraph (i) was substituted by regulation 8(a) of S.R. 1993 No. 381

(10)

Sub-paragraph (k) was added by regulation 8(b) of S.R. 1993 No. 381

(11)

Sub-paragraph (d) was substituted by regulation 3(a) of S.R. 1994 No. 335