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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations (Northern Ireland) 2006 No. 361 URL: http://www.bailii.org/nie/legis/num_reg/2006/20060361.html

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    " (1) Where an adjustment falls to be made under these regulations for part of a week, benefit (whether under the Contributions and Benefits Act or otherwise) shall be deemed to be payable at a rate equal to one seventh of the appropriate weekly rate for each day of the week in respect of any such benefit.".

Amendment of the Statutory Maternity Pay (General) Regulations
     3. —(1) The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987[8] shall be amended in accordance with paragraphs (2) to (4).

    (2) For regulation 2[9] (the maternity pay period) substitute—

" The maternity pay period
     2. —(1) Subject to paragraphs (3) to (5), where—


(a) 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

(b) 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,



the first day of the maternity pay period shall be the day on which she expects his liability to pay her statutory maternity pay to begin in conformity with that notice provided that day is not later than the day immediately following the day on which she is confined.

    (2) The maternity pay period shall be a period of 39 consecutive weeks.

    (3) In a case where a woman is confined—



(a) before the 11th week before the expected week of confinement; or

(b) after the 12th week before the expected week of confinement and the confinement occurs on a day which precedes that mentioned in a notice given to her employer as being the day on which she expects his liability to pay her statutory maternity pay to begin,



section 161 of the Contributions and Benefits Act shall have effect so that the first day of the maternity pay period shall be the day following the day on which she is so confined.

    (4) In a case where a woman is absent from work wholly or partly because of pregnancy or confinement on any day—



(a) which falls on or after the beginning of the 4th week before the expected week of confinement; but

(b) not later than the day immediately following the day on which she is confined,



the first day of the maternity pay period shall be the day following the day on which she is so absent.

    (5) In a case where a woman leaves her employment—



(a) 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

(b) not later than the day on which she is confined,



the first day of the maternity pay period shall be the day following the day on which she leaves her employment.".

    (3) After regulation 9 (no liability to pay statutory maternity pay) insert—

" Working for not more than 10 days in the maternity pay period
     9A. In a case where a woman does any work under a contract of service with her employer on any day, but for not more than 10 days (whether consecutive or not), during her maternity pay period, statutory maternity pay shall continue to be payable to the employee by the employer.".

    (4) For regulation 28[10] (rounding to avoid fractional amounts) substitute—

" Rounding to avoid fractional amounts
     28. Where any payment of statutory maternity pay is paid for any week or part of a week and the amount due includes a fraction of a penny, the payment shall be rounded up to the next whole number of pence.".

Amendment of the Social Security (Maternity Allowance) Regulations
     4. —(1) The Social Security (Maternity Allowance) Regulations (Northern Ireland) 1987[11] shall be amended in accordance with paragraphs (2) and (3).

    (2) In regulation 2 (disqualification for the receipt of a maternity allowance), for paragraph (a) substitute—

" (a) during the maternity allowance period she does any work in employment as an employed or self-employed earner, for more than 10 days, whether consecutive or not, falling within that period and the disqualification shall be for such part of the maternity allowance period as may be reasonable in the circumstances, provided that the disqualification shall, in any event, be for the number of days on which she so worked in excess of 10 days;".

    (3) In regulation 3(2A)[12] (modification of the maternity allowance period) for "26 weeks commencing with the week following that in which she stopped work" substitute "39 weeks commencing no earlier than the day she becomes entitled to maternity allowance and no later than the day following the day on which she is confined".

Revocations
     5. The regulations specified in column (1) of the Schedule are revoked to the extent mentioned in column (3).



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


8th September 2006

L.S.

John O'Neill
A senior officer of the Department for Social Development

Regulation 5 makes consequential revocations.

Article 63 of the Social Security (Northern Ireland) Order 1998, by virtue of, or consequential upon, which regulation 2 is made, is brought into operation on 1st October 2006, by the Social Security (1998 Order) (Commencement No. 13) Order (Northern Ireland) 2006 (S.R. 2006 No. 360 (C. 20)). Article 3 of, and paragraphs 5 and 6 of Schedule 1 to, the Work and Families (Northern Ireland) Order 2006, by virtue of, or consequential upon, which regulations 3 and 4 are made, were brought into operation on 1st September 2006 (in relation to paragraph 6 of Schedule 1, for the purpose only of authorising the making of regulations) by the Work and Families (Northern Ireland) Order 2006 (Commencement No. 1) Order (Northern Ireland) 2006 (S.R. 2006 No. 344 (C. 17)). As the Regulations are made before the end of the period of 6 months from the commencement of those provisions, they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992, from reference to the Social Security Advisory Committee.

An assessment of the cost to business was made in accordance with the Work and Families (Northern Ireland) Order 2006. Copies of the Regulatory Impact Assessment may be obtained from Employment Rights Branch, Department for Employment and Learning, Room 203 Adelaide House, 39-49 Adelaide Street, Belfast BT2 8FD or from the Department for Employment and Learning website: www.delni.gov.uk/index/publications/pubs-employment-rights/wf-regulatory-impact-assessment-choice-flexibility.

[2] Section 5(1)(m) applies as if statutory maternity pay were a benefit by virtue of section 5(4) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)back

[3] 1992 c. 8; section 71(1) was amended by paragraph 32(2) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)), section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and section 165(3) was amended by paragraph 10 of Schedule 4 to the Tax Credits Act 2002back

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

[5] S.I. 2006/1947 (N.I. 16)back

[6] S.I. 1998/1506 (N.I. 10)back

[7] S.R. 1979 No. 242; paragraph (1) was substituted by regulation 14(7)(a) of S.R. 1995 No. 150 and amended by regulation 11(5)(a) of S.R. 1996 No. 289back

[8] S.R. 1987 No. 30; relevant amending Regulations are S.R. 1994 No. 191 and S.R. 2002 No. 354back

[9] Regulation 2 was amended by regulation 2(2) of S.R. 1994 No. 191 and regulation 2(2) of S.R. 2002 No. 354back

[10] Regulation 28 was amended by regulation 2(6) of S.R. 2002 No. 354back

[11] S.R. 1987 No. 170; relevant amending Regulations are S.R. 1994 No. 191 and S.R. 2002 No. 354back

[12] Paragraph (2A) was inserted by regulation 3(2) of S.R. 1994 No. 191 and amended by regulation 5(c) of S.R. 2002 No. 354back

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