The Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations (Northern Ireland) 2002
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 and shall come into operation –
(a)
except for the purposes of regulation 2(3) and (6), on 24th November 2002; and
(b)
for the purposes of regulation 2(3) and (6), on 6th April 2003.
(2)
These Regulations, (except for regulation 2(3) and (6)), shall take effect only in respect of those women whose expected week of confinement commences on or after 6th April 2003.
(3)
Amendment of the Statutory Maternity Pay (General) Regulations2.
(1)
(2)
In regulation 2 (the maternity pay period) –
(a)
“(1)
Subject to paragraphs (3) to (6), where a woman gives notice to her employer of the date from which she expects his liability to pay her statutory maternity pay to begin and in conformity with that notice ceases to work for him in a week which is later than the 12th week before the expected week of confinement, then the first week in the maternity pay period shall be the week following the week in which she ceased to work, or the week immediately following the week in which she is confined, whichever is the earlier.”;
(b)
(c)
(d)
“(4)
Subject to paragraph (6), where a woman is absent from work wholly or partly because of pregnancy or confinement on any day which falls on or after the beginning of the 4th week before the expected week of confinement, but not later than the week immediately following the week in which she is confined, the first week of the maternity pay period shall be the week beginning on the day following the day on which she is so absent.”;
(e)
paragraph (5) shall be omitted;
(f)
“(6)
In a case where a woman leaves her employment at any time falling after the beginning of the 11th week before the expected week of confinement and before the start of the maternity pay period but not later than the week immediately following the week in which she is confined, the first week of the maternity pay period shall be the week after the week in which her employment ends.”; and
(g)
“(7)
“week” for the purposes of a maternity pay period which falls within paragraph (3) or (4) means a period of 7 consecutive days.”.
(3)
(4)
In regulation 23 (notice of absence from work) –
(a)
in paragraph (1) –
(i)
in sub-paragraph (a) for “that her absence from work with him is wholly because of her confinement” there shall be substituted “of the date on which she was confined”; and
(ii)
in sub-paragraph (b) for “21 days” there shall be substituted “28 days”;
(b)
(i)
in sub-paragraph (a) the words “wholly or partly because of pregnancy or confinement” shall be omitted; and
(ii)
in sub-paragraph (b) for “21 days” there shall be substituted “28 days”; and
(c)
“(4)
Subject to paragraph (5), section 160(4) of the Contributions and Benefits Act17 (statutory maternity pay – entitlement and liability to pay) shall not have effect in the case of a woman who leaves her employment with the person who will be liable to pay her statutory maternity pay after the beginning of the week immediately preceding the 14th week before the expected week of confinement.”.
(5)
(a)
(b)
in paragraph (3) –
(i)
the word “either” shall be omitted; and
(ii)
the words “or for part of a week within the maternity pay period she was not present in a member State,” shall be omitted; and
(c)
in paragraph (4)(b) –
(i)
in head (i) for “21 days” there shall be substituted “28 days”; and
(ii)
in head (ii) the words “or, as the case may be, absence from a member State” shall be omitted.
(6)
In regulation 28 (rounding to avoid fractional amounts) for “at the higher rate specified in Article 49(2) of the 1986 Order” there shall be substituted “at the earnings-related rate referred to in section 162(1) of the Contributions and Benefits Act”.
Amendment of the Statutory Maternity Pay (Health and Social Services Employees) Regulations3.
Amendment of the Statutory Sick Pay (General) Regulations4.
(a)
(b)
in paragraph (5)(a) for “6th week” there shall be substituted “4th week”.
Amendment of the Social Security (Maternity Allowance) Regulations5.
(a)
(b)
paragraph (2) shall be omitted; and
(c)
Amendment of the Social Security (Maternity Allowance) (Earnings) Regulations6.
(1)
(2)
In regulation 3(a) (specified payments for self-employed earners) for “the lower earnings limit in force” there shall be substituted “an amount 90 per cent. of which is equal to the weekly rate prescribed under section 162(1)(b) of the Contributions and Benefits Act that is in force”.
(3)
In regulation 4 (aggregation of specified payments) –
(a)
in paragraph (1) the words “other than one to which regulation 5(2) applies” shall be omitted; and
(b)
paragraph (2) shall be omitted.
(4)
“The specified period5.
For the purpose of section 35A(4) and (5) of the Contributions and Benefits Act the specified period shall be the test period.”.
(5)
In regulation 6 (determination of average weekly amount of specified payments) –
(a)
“(1)
For the purpose of section 35A(4) of the Contributions and Benefits Act a woman’s average weekly amount of specified payments shall, subject to paragraph (2), be determined by dividing by 13 the payments made, or treated in accordance with these Regulations as made, to her or for her benefit, in the 13 weeks (whether consecutive or not) falling within the specified period in which such payments are greatest.”; and
(b)
“(3)
Where a woman is normally paid other than weekly, the payments made or treated as made to her or for her benefit for the purposes of paragraph (1) shall be calculated by dividing the payments made to her in any week by the nearest whole number of weeks in the period in respect of which she is paid.”.
Transitional Provision7.
In relation to any period before 6th April 2003, the reference to section 162(1)(b) of the Contributions and Benefits Act in regulation 6(2) is a reference to section 162(3) of that Act.
Revocations8.
The following regulations are hereby revoked –
(a)
(b)
Sealed with the Official Seal of the Department for Social Development on 19th November 2002.
The Treasury hereby concur.
These Regulations amend the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 (“the Statutory Maternity Pay (General) Regulations”), the Statutory Maternity Pay (Health and Social Services Employees) Regulations (Northern Ireland) 1992 (“the Health and Social Services Employees Regulations”), the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982 (“the Statutory Sick Pay Regulations”), the Social Security (Maternity Allowance) Regulations (Northern Ireland) 1987 (“the Maternity Allowance Regulations”) and the Social Security (Maternity Allowance) (Earnings) Regulations (Northern Ireland) 2000 (“the Maternity Allowance (Earnings) Regulations”), in consequence of the Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.)).
Regulation 2 amends the Statutory Maternity Pay (General) Regulations as follows –
to provide that the maternity pay period (“MPP”) will commence when a woman gives notice to her employer that she expects his liability to pay her statutory maternity pay to begin and she stops work in conformity with that notice;
to extend the MPP to 26 consecutive weeks;
to amend the first week of the MPP for women confined before the 11th week before the expected week of confinement (“EWC”);
to provide that where a woman is absent from work wholly or partly because of pregnancy or confinement, on or after the 4th week before her EWC that her MPP will commence on the day after the first day on which she is so absent;
to provide a new meaning of “week” for the purposes of a woman’s MPP in respect of a woman whose MPP commences because of her confinement before the 11th week before the EWC or her absence from work wholly or partly because of pregnancy or confinement on or after the 4th week before the EWC;
to prescribe a rate of statutory maternity pay under section 162(1)(b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
to omit the reference to a woman’s absence from work being wholly because of her confinement from the notice she must give to her employer;
to amend the period within which a notice is to be given from 21 days from the date of confinement to 28 days from that date;
to provide that if a woman leaves her employment after the beginning of the week before the 14th week before her EWC she will be entitled to statutory maternity pay without giving notice to her employer;
to make minor drafting changes to the requirements for employers to provide information about payments of statutory maternity pay and extend the period within which information must be supplied from 21 to 28 days; and
to make minor drafting changes.
Regulation 3 amends the Health and Social Services Employees Regulations to substitute 28 days for 21 days as the period of notice a woman must give her employer.
Regulation 4 amends the Statutory Sick Pay Regulations to substitute a reference to 4 weeks before the EWC in the case of women who are incapable of work wholly or partly because of pregnancy or confinement as the date on which a period of entitlement to statutory sick pay shall end or not arise.
Regulation 5 amends the Maternity Allowance Regulations to omit regulation 3(2) which previously modified the Maternity Allowance Period (“MAP”) where a woman was confined more than 11 weeks before the EWC and to increase to 26 weeks the MAP for women not entitled before 11 weeks before the EWC who subsequently become entitled before being confined.
Regulation 6 amends the Maternity Allowance (Earnings) Regulations as follows –
to substitute a reference to an amount 90 per cent. of which equals the weekly rate prescribed under section 162(1)(b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
to remove references to average payments;
to specify the test period as the specified period for the purpose of establishing a woman’s average weekly earnings; and
to alter the averaging procedure for payments made or treated as made in the specified period.
Regulations 7 and 8 make transitional provision and consequential revocations.
Sections 35A(5)(c)(i), 160(9)(ea), 161(1) and 162(1)(b) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, some of the enabling provisions under which these Regulations are made, were brought into operation for the purpose only of authorising the making of regulations on 19th November 2002, by virtue of the Social Security (2002 Act) (Commencement No. 1) Order (Northern Ireland) 2002 (S.R. 2002 No. 351 (C. 28)). As these Regulations are made before the end of the period of 6 months from the commencement date of those provisions, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), from the 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 Social Security Act (Northern Ireland) 2002 (c. 10). Copies of that Assessment may be obtained, free of charge, from the Social Security Policy and Legislation Division, Block 5, Room 5, Stormont Estate, Stormont, Belfast BT4 3SJ.