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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

Status:

This is the original version (as it was originally made).

Regulation 3

SCHEDULE 1Application of Part 12ZA of the Act to parental order cases

ProvisionModification
Section 167ZA

After subsection (4) insert—

(4A) A person who satisfies the conditions in section 167ZB(2)(a) to (d) in relation to a child is not entitled to statutory paternity pay under this section in respect of that child..

Section 167ZB

For paragraph (a) of subsection (2) substitute—

(a)that he satisfies prescribed conditions as to being a person—

(i)on whose application the court has made a parental order in respect of a child, or

(ii)who is an intended parent of a child;

(ab)that he satisfies prescribed conditions as to relationship with the other person on whose application the parental order was made or who is an intended parent of the child;.

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—

(3) The references in this section to the relevant week are to the week immediately preceding the 14th week before the expected week of the child’s birth..

After subsection (3) insert—

(3B) In a case where a child is born earlier than the 14th week before the expected week of the child’s birth—

(a)subsection (2)(b) shall be treated as satisfied in relation to a person if, had the birth occurred after the end of the relevant week, the person would have been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the relevant week;

(b)subsection (2)(c) shall be treated as satisfied in relation to a person if the person’s normal weekly earnings for the period of 8 weeks ending with the week immediately preceding the week in which the child is born are not less than the lower earnings limit in force under section 5(1)(a) immediately before the commencement of the week in which the child is born; and

(c)subsection (2)(d) shall not apply..

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—

(7) In this section—

“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; and

“parental order” means an order under section 54(1) of the Human Fertilisation and Embryology Act 2008..

Section 167ZEIn 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)—

(a)

in paragraph (a), for “sub-paragraph (i) of section 167ZA(2)(a)” substitute “section 167ZA(2)(a)(i)”;

(b)

in paragraph (b), for “sub-paragraph (ii) of that provision” substitute “section 167ZA(2)(a)(ii) or 167ZB(2)(ab)”.

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).

Regulation 4

SCHEDULE 2Application of Part 12ZB of the Act to parental order cases

ProvisionModification
Section 167ZL

For paragraph (a) of subsection (2) substitute—

(a)that he is—

(i)a person on whose application the court has made a parental order in respect of a child, or

(ii)an intended parent of a child;.

For subsection (3) substitute—

(3) The references in this section to the relevant week are to the week immediately preceding the 14th week before the expected week of the child’s birth..

After subsection (3) insert—

(3A) In a case where a child is born earlier than the 14th week before the expected week of the child’s birth—

(a)subsection (2)(b) shall be treated as satisfied in relation to a person if, had the birth occurred after the end of the relevant week, the person would have been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the relevant week; and

(b)subsection (2)(d) shall be treated as satisfied in relation to a person if the person’s normal weekly earnings for the period of 8 weeks ending with the week immediately preceding the week in which the child is born are not less than the lower earnings limit in force under section 5(1)(a) immediately before the commencement of the week in which the child is born..

For paragraph (b) of subsection (4), substitute—

(b)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—

(i)is a person to whom the conditions in subsection (2) above apply, and

(ii)has elected to receive statutory adoption pay..

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—

(9) In this section—

“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; and

“parental order” means an order under section 54(1) of the Human Fertilisation and Embryology Act 2008..

Section 167ZNIn subsection (2F)(1), 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)(2).

Regulation 5

SCHEDULE 3Application of Part 12ZC of the Act to parental order cases

ProvisionModification
Section 167ZWIn 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 167ZXIn 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—

(13) In this section—

“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; and

“parental order” means an order under section 54(1) of the Human Fertilisation and Embryology Act 2008..

(1)

Subsection (2F) was inserted by the Work and Families (Northern Ireland) Act 2015, section 13(2).

(2)

Subsection (9) was inserted by the Work and Families (Northern Ireland) Act 2015, section 9(5).

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