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Explanatory Note

(This note is not part of the Regulations.)

These Regulations modify the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the Act”) as it relates to the conditions of entitlement to statutory maternity pay and further amend the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 (“the Statutory Maternity Pay Regulations”).

Regulation 2 modifies section 160(2)(a) of the Act in relation to certain women who are dismissed or whose employment is otherwise terminated without consent.

Regulation 3 amends regulation 2 of the Statutory Maternity Pay Regulations, in relation to women who are dismissed or whose employment is otherwise terminated without consent, to prescribe the first week of the maternity pay period, and makes consequential amendments. It also amends regulation 23 of the Statutory Maternity Pay Regulations to provide that section 160(4) of the Act (which requires a woman to give notice that she is going to be absent from work wholly or partly because of pregnancy) shall not apply.

Regulation 4 provides that the provisions of regulations 2 and 3 shall not apply to women whose expected date of confinement falls before 4th March 2001.

Regulation 5 contains a consequential revocation.

These Regulations correspond to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

Copies of the Regulatory Impact Assessment in respect of these Regulations may be obtained, free of charge, from Social Security Policy and Legislation Division, Room D3, Castle Buildings, Stormont, Belfast BT4 3SQ.