Search Legislation

The Statutory Maternity Pay (Curtailment) Regulations (Northern Ireland) 2015

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This is the original version (as it was originally made).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.

PART 1GENERAL

Citation and commencement

1.  These Regulations may be cited as the Statutory Maternity Pay (Curtailment) Regulations (Northern Ireland) 2015 and shall come into operation on 15th March 2015.

Interpretation

2.—(1) In these Regulations—

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

“the 1996 Order” means the Employment Rights (Northern Ireland) Order 1996(1);

“C” means the child in respect of whom an entitlement to—

(a)

shared parental leave arises under Article 107E (entitlement to shared parental leave: birth) of the 1996 Order(2); or

(b)

statutory shared parental pay arises under section 167ZU (entitlement: birth) of the 1992 Act(3);

“M” means the mother (or expectant mother) of C;

“maternity pay period curtailment date” means, subject to regulation 7(5), the date specified in a maternity pay period curtailment notification;

“maternity pay period curtailment notification” means a notification given in accordance with regulation 7 and regulation 8(5);

“P” means the father of C, or the person who is married to, or the civil partner or the partner of, M;

“partner” in relation to M, means a person (whether of a different sex or the same sex) who lives with M and C in an enduring family relationship but is not M’s child, parent, grandchild, grandparent, sibling, aunt, uncle, niece or nephew;

“SPL Regulations” means the Shared Parental Leave Regulations (Northern Ireland) 2015(4);

“ShPP Regulations” means the Statutory Shared Parental Pay (General) Regulations (Northern Ireland) 2015(5); and

“statutory maternity pay” has the meaning given in section 160(1) (statutory maternity pay—entitlement and liability to pay) of the 1992 Act.

(2) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to an Act of the Assembly.

Notices

3.—(1) Where a notice is to be given under these Regulations, it may be given—

(a)where paragraph (2) applies, by electronic communication;

(b)by post; or

(c)by personal delivery.

(2) This paragraph applies where the person who is to receive the notice has agreed that the notice may be given to the person by being transmitted to an electronic address and in an electric form specified by the person for the purpose.

(3) Where a notice is to be given under these Regulations it is to be taken to have been given—

(a)if sent by electronic communication, on the day of transmission;

(b)if sent by post in an envelope which is properly addressed and sent by prepaid post, on the day on which it is posted; or

(c)if delivered personally, on the day of delivery.

PART 2CURTAILMENT OF MATERNITY PAY PERIOD

Curtailment of maternity pay period (statutory shared parental pay: M)

4.  M’s maternity pay period shall end on the maternity pay period curtailment date if—

(a)M gives a maternity pay period curtailment notice (unless the notice is revoked under regulation 8);

(b)M satisfies the conditions in sub-paragraphs (a) and (d) of regulation 4(2) (entitlement of mother to statutory shared parental pay (birth)) of the ShPP Regulations; and

(c)P satisfies the conditions in sub-paragraph (b) of regulation 4(3) of the ShPP Regulations.

Curtailment of maternity pay period (statutory shared parental pay: P)

5.  M’s maternity pay period shall end on the maternity pay period curtailment date if—

(a)M gives a maternity pay period curtailment notice (unless the notice is revoked under regulation 8);

(b)P satisfies the conditions in sub-paragraph (a) of regulation 5(2) (entitlement of father or partner to statutory shared parental pay (birth)) of the ShPP Regulations; and

(c)M satisfies the conditions in sub-paragraphs (b) and (c) of regulation 5(3) of the ShPP Regulations.

Curtailment of maternity pay period (shared parental leave: P)

6.  M’s maternity pay period shall end on the maternity pay period curtailment date if—

(a)M gives a maternity pay period curtailment notice (unless the notice is revoked under regulation 8);

(b)P satisfies the condition in sub-paragraph (a) of regulation 5(2) (father’s or partner’s entitlement to shared parental leave) of the SPL Regulations; and

(c)M satisfies the conditions in sub-paragraphs (a) and (c) of regulation 5(3) of the SPL Regulations.

Maternity pay period curtailment notice

7.—(1) A maternity pay period curtailment notice must—

(a)be in writing;

(b)specify the date on which M’s statutory maternity pay period is to end; and

(c)be given to the person who is liable to pay M’s statutory maternity pay.

(2) The date specified in accordance with paragraph (1)(b) must be—

(a)the last day of a week;

(b)if M has the right to maternity leave under Article 103 (ordinary maternity leave) of the 1996 Order(7), at least one day after the end of the compulsory maternity leave period, or, if M does not have that right, at least two weeks after the end of the pregnancy;

(c)at least eight weeks after the date on which M gave the maternity pay period curtailment notice; and

(d)at least one week before the last day of the maternity pay period.

(3) In paragraph (2)(b) “the end of the compulsory maternity leave period” means whichever is the later of—

(a)the last day of the compulsory maternity leave period provided for in regulations under Article 104(2) (compulsory maternity leave) of the 1996 Order(8); or

(b)where section 205 of the Public Health Act 1936(9) (women not to be employed in factories or workshops within four weeks after birth of a child) applies to M’s employment, the last day of the period in which an occupier of a factory is prohibited from knowingly allowing M to be employed in that factory.

(4) If M has more than one entitlement to statutory maternity pay in relation to C, M must curtail the maternity pay period in relation to each (or none) of those entitlements, and in relation to each of those entitlements M must specify a maternity pay period curtailment date which falls in the same calendar week.

(5) Where M—

(a)returns to work before giving a notice in accordance with paragraph (1); and

(b)subsequently gives such a notice;

the “maternity pay period curtailment date” shall be the last day of the week in which that notice is given (irrespective of the date given in that notice under paragraph (1)).

(6) For the purposes of paragraphs (2)(a) and (5), “week” has the meaning given in section 161(8) of the 1992 Act(10) (the maternity pay period).

(7) In this regulation, M is treated as returning to work where statutory maternity pay is not payable to her in accordance with 161(4) or (6) of the 1992 Act(11).

Revocation (maternity pay period curtailment notice)

8.—(1) Subject to paragraph (2), M may revoke a maternity pay period curtailment notice by giving a notice (“a revocation notice”) before the maternity pay period curtailment date if—

(a)she gave the maternity pay period curtailment notice before the birth of C; or

(b)P dies.

(2) Revocation is effective under paragraph (1) where M gives a revocation notice to the person who is liable to pay M’s statutory maternity pay that—

(a)if given under paragraph (1)(a), is given within six weeks of the date of C’s birth; or

(b)if given under paragraph (1)(b), is given within a reasonable period from the date of P’s death.

(3) A revocation notification must—

(a)be in writing;

(b)state that M revokes the maternity pay period curtailment notice; and

(c)if given under paragraph (1)(b), state the date of P’s death.

(4) Where in accordance with regulation 7(4) M has given a maternity pay period curtailment notice to more than one person, M must give a revocation notice to each of those persons.

(5) M may not give a maternity allowance period curtailment notification in respect of the same maternity pay period subsequent to giving a revocation notification unless the revocation was made in accordance with paragraph (1)(a).

Sealed with the Official Seal of the Department for Social Development on 11th March 2015

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

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

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