EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002 (S.R. No. 378) (“the Pay Regulations”).

Regulation 4 inserts a new regulation 5A into the Pay Regulations to align the notice period for statutory paternity pay (birth) with that for statutory paternity leave (birth) in the Paternity and Adoption Leave Regulations (Northern Ireland) 2002 (S.R. 2002 No. 377) (“the Leave Regulations”). The notice must be provided in or before the 15th week before the expected week of birth.

Regulation 5 amends the Pay Regulations to align the provisions for varying the choice of when a period of statutory paternity pay (birth) will begin with those for statutory paternity leave (birth) in the Leave Regulations, so that notice must be given 28 days before the relevant day or date.

Regulation 6 amends the Pay Regulations so that the time for providing information and evidence regarding a person’s entitlement to statutory paternity pay (birth) is aligned with that for providing notice.

Regulation 7 inserts a new regulation 11A into the Pay Regulations to align the notice period for statutory paternity pay (adoption) with that for statutory paternity leave (adoption) in the Leave Regulations. The notice must be provided no more than seven days after the date on which the adopter is notified of having been matched with the child.

Regulation 8 amends the Pay Regulations to align the provisions for varying the choice of when the period of statutory paternity pay (adoption) will begin with those for statutory paternity leave (adoption) in the Leave Regulations, so that the notice must be given 28 days before the relevant date.

Regulation 9 amends regulation 15 of the Pay Regulations so that the time for providing information and evidence regarding a person’s entitlement to statutory paternity pay (adoption) is aligned with that for providing notice.

Regulations 4 to 9 all contain a provision that if it is not reasonably practicable to meet the relevant deadline then it must be met as soon as is reasonably practicable.

An impact assessment has not been prepared for these Regulations. These Regulations are part of a package of legislative measures and the relevant impacts were assessed within the document ‘Sharing parental rights, extending flexibility at work – public consultation’, published in May 2013 (www.delni.gov.uk/index/consultation-zone/archived-consultations/archived-consultations-2013/working-parents-rights.htm), and supplemented by a further publication in April 2014 (http://www.delni.gov.uk/index/publications/equality-good-relations/shared-parental-leave-and-pay.htm).