Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022

Temporary provision: qualifying employment period for parental pay

3.—(1) This section applies in relation to a person’s entitlement to payments of statutory parental bereavement pay in respect of a child who dies before 6 April in the year that is specified under subsection (2).

(2) The Department for the Economy must by regulations specify a year for the purposes of subsection (1); and the year so specified must be—

(a) no later than 2026, and

(b) the same as the year specified in accordance with section 5(3) (application of miscarriage regulations).

(3) The provisions inserted by section 2 have effect with the modifications set out in subsections (4) to (8).

(4) In section 167ZZ9, for subsection (2) substitute—

“(2) The conditions are—

(a) that the person is a bereaved parent,

(b) that the person has been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the relevant week,

(c) that the person’s normal weekly earnings for the period of 8 weeks ending with the relevant week are not less than the lower earnings limit in force under section 5(1)(a) at the end of the relevant week, and

(d) that the person has been in employed earner’s employment with the employer by reference to whom the condition in paragraph (b) is satisfied for a continuous period beginning with the end of the relevant week and ending with the day on which the child dies.”.

(5) In section 167ZZ9, omit subsections (5) to (8).

(6) In section 167ZZ10(4)—

(a) in paragraph (a), for “section 167ZZ9(2)(b) or (c) or (5) to (7) have” substitute “section 167ZZ9(2)(b), (c) or (d) has”;

(b) in paragraph (e), for “8 weeks” (in both places) substitute “26 weeks”.

(7) In section 167ZZ11(1), after “subsection (2)(b)” insert “and (d)”.

(8) In section 167ZZ17, omit—

(a) the reference in subsection (6) to a person’s expected normal weekly earnings, and

(b) subsection (9).

(9) Regulations under subsection (2) may make such transitory or transitional provision, or savings, as the Department considers necessary or expedient.

(10) Regulations under subsection (2) are subject to negative resolution.