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(a) in sub-paragraph (d) after "pregnancy or confinement," there shall be added "or"; and

(b) after sub-paragraph (d) there shall be added the following sub-paragraph-


" (e) absent from work in consequence of taking paternity leave, adoption leave or parental leave under Part IX of the Employment Rights (Northern Ireland) Order 1996[6],".

    (3) In regulation 20(4) (meaning of "earnings")-

(a) for "Article 51(3) of the 1986 Order" there shall be substituted "section 167(4) of the Contributions and Benefits Act"; and

(b) after sub-paragraph (d) there shall be added the following sub-paragraphs-


" (e) any sum payable by way of statutory maternity pay, including sums payable in accordance with regulations made under section 160(9)(b) of the Contributions and Benefits Act[7];

(f) any sum payable by way of statutory paternity pay, including sums payable in accordance with regulations made under section 167ZD(3) of the Contributions and Benefits Act[8];

(g) any sum payable by way of statutory adoption pay, including sums payable in accordance with regulations made under section 167ZM(3) of the Contributions and Benefits Act[9].".

Amendment of the Social Security (Incapacity Benefit) Regulations
     3. In the Social Security (Incapacity Benefit) Regulations (Northern Ireland) 1994[10], after regulation 6 (days of statutory sick pay to be included in days of entitlement to incapacity benefit) there shall be inserted the following regulations-

" Effect of statutory maternity pay on incapacity benefit
     6A.  - (1) For the purpose of determining a woman's entitlement to short-term incapacity benefit at the higher rate or long-term incapacity benefit under section 30A of the Contributions and Benefits Act[11], a day which falls within the maternity pay period shall, notwithstanding paragraph 1 of Schedule 13 to that Act, be treated as a day of incapacity for work for the purpose of determining whether it forms part of a period of incapacity for work where-


(a) on that day she was incapable of work; and

(b) that day is not treated under section 30C(3) of the Contributions and Benefits Act[12] as a day which is not a day of incapacity for work; and

(c) the day immediately preceding the first day in the maternity pay period falls within either a period of incapacity for work or a period of entitlement to statutory sick pay for the purposes of Part XI of the Contributions and Benefits Act; and

(d) the woman either satisfied the contribution conditions specified for short-term incapacity benefit on the first day of incapacity for work to fall within that period of incapacity for work or would have satisfied those conditions had a claim for short-term incapacity benefit been made on the first or any subsequent day of incapacity for work falling within that period of entitlement.



    (2) Any day which, by virtue of paragraph (1), forms part of a period of incapacity for work shall be further treated, for the purpose of determining entitlement to short-term incapacity benefit at the higher rate or long-term incapacity benefit under section 30A of the Contributions and Benefits Act, as being a day on which the woman has been entitled to short-term incapacity benefit.

    (3) For the purposes of this regulation "period of incapacity for work" has the same meaning as in section 30C(1) of the Contributions and Benefits Act.

    (4) Where by virtue of paragraph (1) a woman is entitled to short-term incapacity benefit at the higher rate or long-term incapacity benefit for any week (including part of a week) the total amount of such benefit (including any increase for a dependant) payable to her for that week shall be reduced by an amount equivalent to any statutory maternity pay to which she is entitled in accordance with Part XII of the Contributions and Benefits Act for the same week and only the balance, if any, of the short-term incapacity benefit at the higher rate or long-term incapacity benefit shall be payable to her.

Effect of statutory adoption pay on incapacity benefit
     6B.  - (1) For the purpose of determining a person's entitlement to short-term incapacity benefit at the higher rate or long-term incapacity benefit under section 30A of the Contributions and Benefits Act, a day which falls within the adoption pay period shall, notwithstanding section 167ZP(1) of the Contributions and Benefits Act[13], be treated as a day of incapacity for work for the purpose of determining whether it forms part of a period of incapacity for work where-



(a) on that day he was incapable of work; and

(b) that day is not treated under section 30C(3) of the Contributions and Benefits Act as a day which is not a day of incapacity for work; and

(c) the day immediately preceding the first day in the adoption pay period falls within either a period of incapacity for work or a period of entitlement to statutory sick pay for the purposes of Part XI of the Contributions and Benefits Act; and

(d) the person either satisfied the contribution conditions specified for short-term incapacity benefit on the first day of incapacity for work to fall within that period of incapacity for work or would have satisfied those conditions had a claim for short-term incapacity benefit been made on the first or any subsequent day of incapacity for work falling within that period of entitlement.



    (2) Any day which, by virtue of paragraph (1), forms part of a period of incapacity for work shall be further treated, for the purpose of determining entitlement to short-term incapacity benefit at the higher rate or long-term incapacity benefit under section 30A of the Contributions and Benefits Act, as being a day on which the person has been entitled to short-term incapacity benefit.

    (3) For the purposes of this regulation "period of incapacity for work" has the same meaning as in section 30C(1) of the Contributions and Benefits Act.

    (4) Where by virtue of paragraph (1) a person is entitled to short-term incapacity benefit at the higher rate or long-term incapacity benefit for any week (including part of a week) the total amount of such benefit (including any increase for a dependant) payable to him for that week shall be reduced by an amount equivalent to any statutory adoption pay to which he is entitled in accordance with Part XIIZB of the Contributions and Benefits Act[14] for the same week and only the balance, if any, of the short-term incapacity benefit at the higher rate or long-term incapacity benefit shall be payable to him.".

Amendment of the Statutory Sick Pay (General) Regulations
     4. In regulation 17(3) of the Statutory Sick Pay (General) Regulations (Northern Ireland) 1982[15] (meaning of "earnings")-

(a) for "Article 28(2)" there shall be substituted "section 159(2) of the Contributions and Benefits Act"; and

(b) after sub-paragraph (h)[16] there shall be added the following sub-paragraphs-


" (i) any sum payable by way of statutory paternity pay, including any sums payable in accordance with regulations made under section 167ZD(3) of the Contributions and Benefits Act[17];

(j) any sum payable by way of statutory adoption pay, including any sums payable in accordance with regulations made under section 167ZM(3) of the Contributions and Benefits Act[18].".

Amendment of the Social Security (Maternity Allowance) (Earnings) Regulations
     5. In regulation 2(1) of the Social Security (Maternity Allowance) (Earnings) Regulations (Northern Ireland) 2000[19] (specified payments for employed earners), after sub-paragraph (e), there shall be added the following sub-paragraphs-

" (f) any sum payable by way of statutory paternity pay, including any sums payable in accordance with regulations made under section 167ZD(3) of the Contributions and Benefits Act;

(g) any sum payable by way of statutory adoption pay, including any sums payable in accordance with regulations made under section 167ZM(3) of the Contributions and Benefits Act.".

Revocations
     6. The following regulations are hereby revoked-

(a) regulation 21A of the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987[20];

(b) regulation 3 of the Statutory Maternity Pay (General) (Amendment) Regulations (Northern Ireland) 1988[21];

(c) regulation 5 of the Statutory Maternity Pay (General) (Amendment) Regulations (Northern Ireland) 1990[22]; and

(d) regulation 18(2) of the Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations (Northern Ireland) 1995[23].

Sealed with the Official Seal of the Department for Social Development on


25th November 2002.

L.S.

John O'Neill
Senior Officer of the Department for Social Development

[2] See Article 8(b) of S.R. 1999 No. 481back

[3] S.I. 2002/2836 (N.I. 2)back

[4] 1954 c. 33 (N.I.)back

[5] S.R. 1987 No. 30back

[6] S.I. 1996/1919 (N.I. 16); Part IX was substituted by Article 9 of, and Part I of Schedule 4 to, the Employment Relations (Northern Ireland) Order 1999 (S.I. 1999/2790 (N.I. 9)) and is amended by Articles 3 and 4 of the Employment (Northern Ireland) Order 2002back

[7] Section 160(9)(b) was amended by paragraph 14(2) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999back

[8] Section 167ZD is inserted by Article 5 of the Employment (Northern Ireland) Order 2002back

[9] Section 167ZM is inserted by Article 6 of the Employment (Northern Ireland) Order 2002back

[10] S.R. 1994 No. 461back

[11] Section 30A was inserted by Article 3(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 and amended by Article 61 of the Welfare Reform and Pensions (Northern Ireland) Order 1999back

[12] Section 30C was inserted by Article 5(1) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994back

[13] Section 167ZP is inserted by Article 6 of the Employment (Northern Ireland) Order 2002back

[14] Part XIIZB is inserted by Article 6 of the Employment (Northern Ireland) Order 2002back

[15] S.R. 1982 No. 263back

[16] Sub-paragraph (h) was added by regulation 4 of S.R. 1987 No. 248back

[17] Section 167ZD is inserted by Article 5 of the Employment (Northern Ireland) Order 2002back

[18] Section 167ZM is inserted by Article 6 of the Employment (Northern Ireland) Order 2002back

[19] S.R. 2000 No. 104back

[20] Regulation 21A was inserted by regulation 3 of S.R. 1988 No. 128 and amended by regulation 5 of S.R. 1990 No. 112 and regulation 18(2) of S.R. 1995 No. 150back

[21] S.R. 1988 No. 128back

[22] S.R. 1990 No. 112back

[23] S.R. 1995 No. 150back

  © Crown copyright 2002