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The Social Security Benefit (Computation of Earnings) (Amendment) Regulations 2002

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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Social Security Benefit (Computation of Earnings) Regulations 1996 (S.I. 1996/2745).

Regulation 1 provides for the citation and commencement of these Regulations.

Regulation 2 amends the 1996 Regulations. Paragraph (1) introduces the amendments. Paragraph (2) omits the definition of maternity leave (which is used only in regulation 9) from regulation 2(1). Paragraph (3) amends regulation 9 as follows. It substitutes a new sub-paragraph (j) in regulation 9(1). The effect is that earnings for benefit purposes include not only remuneration paid to a claimant during a period of maternity leave or sick absence but also any payment of remuneration during a period of adoption leave under section 75A or 75B of the Employment Rights Act 1996 (c. 18) or paternity leave under section 80A or 80B or of that Act. Paragraph (3) also inserts definitions of “adoption leave”, “maternity leave” and “paternity leave” in regulation 9(4). Paragraphs (4) and (5) make amendments to regulations 7, 10 and 13 and Schedule 3 consequent on the renaming of invalid care allowance as carer’s allowance under the Regulatory Reform (Carer’s Allowance) Order 2002 (S.I. 2002/1457).

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