Search Legislation

The Additional Statutory Paternity Pay (Health and Social Care Employees) Regulations (Northern Ireland) 2010

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Rules of Northern Ireland

2010 No. 301

Employment

Work And Families

The Additional Statutory Paternity Pay (Health and Social Care Employees) Regulations (Northern Ireland) 2010

Made

9th September 2010

Coming into operation

3rd October 2010

The Department for Employment and Learning makes the following Regulations in exercise of the powers conferred by section 167ZJ(9) and (10) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and with the concurrence of the Commissioners for Her Majesty’s Revenue and Customs(2).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Additional Statutory Paternity Pay (Health and Social Care Employees) Regulations (Northern Ireland) 2010 and come into operation on 3rd October 2010.

(2) In these Regulations—

the Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

“additional statutory paternity pay” means additional statutory paternity pay payable in accordance with the provisions of Part 12ZA of the Act where the conditions specified in section 167ZEA(2) or 167ZEB(2) are satisfied(3);

“additional statutory paternity pay period” means the period, determined in accordance with section 167ZEE of the Act(4) and with regulations(5) made under that section, as the period in respect of which additional statutory paternity pay is payable;

“Regional Health and Social Care Board” means the body established under Article 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(6);

(3) References in these Regulations to Part 12ZA of the Act are references to sections 167ZEA to 167ZEE and, in so far as they concern additional statutory paternity pay, to sections 167ZF to 167ZJ of the Act.

Treatment of more than one contract of employment as one contract

2.  Where, as a consequence of the establishment of one or more Health and Social Care trusts under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(7), a person’s contract of employment is treated by a scheme under Article 12 of that Order as divided so as to constitute two or more contracts, that person may elect for all those contracts to be treated as one contract for the purposes of Part 12ZA of the Act.

Notification of election

3.  A person who makes an election under regulation 2 shall give written notification of that election to each of their employers under the two or more contracts of employment mentioned in that regulation at least 28 days before the beginning of the additional statutory paternity pay period or, if in the particular circumstances that is not practicable, as soon as is reasonably practicable.

Provision of information

4.  A person who makes an election under regulation 2 shall, within 28 days of giving notification of that election or, if in the particular circumstances that is not practicable, as soon as is reasonably practicable thereafter, provide each of their employers under the two or more contracts of employment mentioned in that regulation with the following information—

(a)the name and address of each of those employers;

(b)the date their employment with each of those employers commenced; and

(c)details of their normal weekly earnings during the relevant period from each employer, and for this purpose the expressions “normal weekly earnings” and “relevant period” have the same meanings as they have for the purposes of Part 12ZA of the Act(8).

Treatment of two or more employers as one

5.  The employer to be regarded for the purposes of additional statutory paternity pay as the employer under the one contract where two or more contracts of employment are treated as one in accordance with regulation 2 shall be—

(a)the Regional Health and Social Care Board from which the person was transferred in a case where any one of the contracts of employment is with that Regional Health and Social Care Board; or

(b)the first Health and Social Care trust to which a contract of employment was transferred in a case where none of the contracts of employment are with the Regional Health and Social Care Board.

Time for which an election is to have effect

6.  An election made under regulation 2 shall lapse at the end of the additional statutory paternity pay period.

Sealed with the Official Seal of the Department for Employment and Learning on 9th September 2010.

Legal seal

Sir Reg Empey

Minister for Employment and Learning

The Commissioners for Her Majesty’s Revenue and Customs concur.

Mike Eland

Bernadette Kenny

Two of the Commissioners for Her Majesty’s Revenue and Customs

Date 15th September 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, made under a provision inserted into the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the 1992 Act”) by Article 5 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)), allow certain Health and Social Care employees with two or more contracts of employment to elect, for the purposes of the additional statutory paternity pay provisions of Part 12ZA of the 1992 Act, to treat those contracts as one contract.

Regulation 2 provides for employees whose contract of employment has been divided into two or more contracts to elect to have those contracts treated as one contract for the purposes of entitlement to additional statutory paternity pay.

Regulation 3 provides for the manner in which, and the time within which, such an election is to be made.

Regulation 4 makes provision for the information that an employee making such an election is to provide to his or her employers.

Regulation 5 provides for one of a person’s employers under the two or more contracts to be regarded for the purposes of additional statutory paternity pay as his or her employer under the one contract.

Regulation 6 provides for the time within which an election is to have effect.

A full impact assessment has not been produced for this instrument as a negligible impact on the private or voluntary sectors is foreseen.

(1)

1992 c. 7. Section 167ZJ was inserted by Article 5 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)).

(2)

By virtue of section 167ZJ(13) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, regulations made by the Department for Employment and Learning pursuant to section 167ZJ(9) and (10) of that Act must be made with the concurrence of the Commissioners of Inland Revenue. By virtue of section 50(1) of the Commissioners for Revenue and Customs Act 2005 (c. 11), references to the Commissioners of Inland Revenue in statutory provisions are to be taken as references to the Commissioners for Her Majesty’s Revenue and Customs.

(3)

Part 12ZA was inserted by Article 5 of the Employment (Northern Ireland) Order 2002. Sections 167ZEA and 167ZEB were inserted into Part 12ZA by Articles 8 and 9 of the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)).

(4)

Section 167ZEE was inserted by Article 12 of the Work and Families (Northern Ireland) Order 2006.

(5)

The regulations referred to are the Additional Statutory Paternity Pay (General) Regulations (Northern Ireland) 2010 (S.R. 2010 No. 300) and the Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2010 (S.R. 2010 No. 298).

(7)

S.I. 1991/194 (N.I. 1). Health and Social Services Trusts were renamed Health and Social Care Trusts by section 1(3) of 2009 c. 1 (N.I.).

(8)

See regulation 32 of the Additional Statutory Paternity Pay (General) Regulations (Northern Ireland) 2010 and regulation 3 of the Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2010.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources