2015 No. 90
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Parental Order Cases) Regulations (Northern Ireland) 2015
Made
Coming into operation
The Department for Employment and Learning makes the following Regulations in exercise of the powers conferred by sections 167ZK(2), 167ZT(2) and 167ZZ8(2) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921.
Citation, commencement and application1
1
These Regulations may be cited as the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Parental Order Cases) Regulations (Northern Ireland) 2015 and come into operation on 15th March 2015.
2
Regulation 4 does not have effect in cases involving children whose expected week of birth ends on or before 4th April 2015.
Interpretation2
In these Regulations—
“the Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“intended parent”, in relation to a child, means a person who, on the day of the child’s birth—
- a
applies, or intends to apply during the period of 6 months beginning with that day, with another person for a parental order in respect of the child, and
- b
expects the court to make a parental order on that application in respect of the child;
- a
“parental order” means an order under section 54(1) of the Human Fertilisation and Embryology Act 20082; and
“parental order parent” means a person—
- a
on whose application the court has made a parental order in respect of a child, or
- b
who is an intended parent of a child.
- a
Application of Part 12ZA of the Act to parental order parents3
Part 12ZA of the Act3 (statutory paternity pay) has effect in relation to parental order parents with the modifications of sections 167ZA, 167ZB and 167ZE of the Act specified in the second column of Schedule 1 to these Regulations.
Application of Part 12ZB of the Act to parental order parents4
Part 12ZB of the Act4 (statutory adoption pay) has effect in relation to parental order parents with the modifications of sections 167ZL and 167ZN of the Act specified in the second column of Schedule 2 to these Regulations.
Application of Part 12ZC of the Act to parental order parents5
Part 12ZC of the Act5 (statutory shared parental pay) has effect in relation to parental order parents with the modifications of sections 167ZW and 167ZX of the Act specified in the second column of Schedule 3 to these Regulations.
Sealed with the Official Seal of the Department for Employment and Learning on 2nd March 2015.
SCHEDULE 1Application of Part 12ZA of the Act to parental order cases
Provision | Modification |
---|---|
Section 167ZA | After subsection (4) insert—
|
Section 167ZB | For paragraph (a) of subsection (2) substitute—
|
In paragraph (d) of subsection (2), for “the day on which the child is placed for adoption” substitute “the day on which the child is born”. | |
In paragraph (e) of subsection (2), omit “where he is a person with whom the child is placed for adoption,”. | |
For subsection (3) substitute—
| |
After subsection (3) insert—
| |
In subsection (6), for “the placement for adoption of more than one child as part of the same arrangement” substitute “the birth, or expected birth, of more than one child as a result of the same pregnancy”. | |
For subsection (7) substitute—
| |
Section 167ZE | In paragraph (b) of subsection (3), for “with the date of the child’s placement for adoption” substitute “with the date of the child’s birth”. |
In subsection (4)—
| |
In subsection (9), for “the reference in subsection (3)(a) to the date of the child’s birth shall be read as a reference” substitute “the references in subsection (3)(a) and (b) to the date of the child’s birth shall be read as references”. | |
Omit subsection (10). | |
Omit subsection (12). |
SCHEDULE 2Application of Part 12ZB of the Act to parental order cases
Provision | Modification |
---|---|
Section 167ZL | For paragraph (a) of subsection (2) substitute—
|
For subsection (3) substitute—
| |
After subsection (3) insert—
| |
For paragraph (b) of subsection (4), substitute—
| |
In subsection (5), for “placement, or expected placement, for adoption of more than one child as part of the same arrangement” substitute “birth, or expected birth, of more than one child as a result of the same pregnancy”. | |
After subsection (8) insert—
| |
Section 167ZN | In subsection (2F)6, for “in which the person is notified that the person has been matched with a child for the purposes of adoption” substitute “immediately preceding the 14th week before the expected week of the child’s birth”. |
Omit subsection (9)7. |
SCHEDULE 3Application of Part 12ZC of the Act to parental order cases
Provision | Modification |
---|---|
Section 167ZW | In subsection (1), for “with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom” substitute “on whose application the court has made a parental order in respect of a child or who is an intended parent of a child”. |
In paragraph (a) of subsection (2), for “another person” substitute “the other person on whose application the court has made a parental order in respect of the child or who is an intended parent of the child”. | |
In paragraph (f) of subsection (2), for “the placement for adoption of the child” substitute “being a person on whose application the court has made a parental order in respect of the child or being an intended parent of the child”. | |
In paragraph (a) of subsection (4), for “with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom” substitute “on whose application the court has made a parental order in respect of a child or who is an intended parent of a child”. | |
In paragraph (g) of subsection (4), for “the placement for adoption of the child” substitute “being a person on whose application the court has made a parental order in respect of the child or being an intended parent of the child”. | |
Section 167ZX | In subsection (12), for “the placement for adoption of more than one child as part of the same arrangement” substitute “the birth of more than one child as a result of the same pregnancy”. |
After subsection (12) insert—
|
(This note is not part of these Regulations)