The Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 (“the Statutory Maternity Pay (General) Regulations”), the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994 (“the Incapacity Benefit Regulations”), the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 (“the Statutory Sick Pay Regulations”) and the Social Security (Maternity Allowance) (Earnings) Regulations (Northern Ireland) 2000 (“the Maternity Allowance (Earnings) Regulations”), in consequence of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)).

Regulation 2 amends the Statutory Maternity Pay (General) Regulations as follows–

(a) to add references to paternity leave, adoption leave and parental leave to the circumstances in which a woman may be treated as employed and makes other minor drafting changes; and

(b) to include references to certain sums payable by way of statutory maternity pay, statutory paternity pay and statutory adoption pay in the expression “earnings” for the purposes of section 167(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

Regulation 3 amends the Incapacity Benefit Regulations to make provision for the effect of statutory maternity pay and statutory adoption pay on incapacity benefit.

Regulation 4 amends the Statutory Sick Pay Regulations to include references to certain sums payable by way of statutory paternity pay and statutory adoption pay in the expression “earnings” for the purposes of section 159(2) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

Regulation 5 amends the Maternity Allowance (Earnings) Regulations to add references to certain sums payable by way of statutory paternity pay and statutory adoption pay to the payments specified for an employed earner for the purposes of section 35A(4)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

Regulation 6 makes consequential revocations.

Section 167ZP of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, one of the enabling provisions under which these Regulations are made, was brought into operation on 23rd November 2002 for the purpose only of authorising the making of regulations, and for all other purposes on 8th December 2002, by virtue of the Employment (2002 Order) (Commencement and Transitional and Saving Provisions) Order (Northern Ireland) 2002 (S.R. 2002 No. 356 (C. 29)). As these Regulations are made before the end of the period of 6 months from the coming into operation of Articles 3 to 6 of the Employment (Northern Ireland) Order 2002, they are accordingly exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), from reference to the Social Security Advisory Committee.

The impact on business of the commencement of these provisions is detailed in the Regulatory Impact Assessment relating to the Employment (Northern Ireland) Order 2002. Copies of that Assessment may be obtained, free of charge, from the Employment Rights Branch, Department for Employment and Learning, Room 203, Adelaide House, 39/49 Adelaide Street, Belfast BT2 8FD.