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2002 No. 2690

SOCIAL SECURITY

TERMS AND CONDITIONS OF EMPLOYMENT

The Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 2002

  Made 30th October 2002 
  Laid before Parliament 1st November 2002 
  Coming into force in accordance with regulation 1(1)

The Secretary of State for Work and Pensions, in exercise of the powers conferred on him by sections 35(3), 35A(4) and (5)(a) and (d), 153(6), 163(1) and (3), 164(9)(c) and (ea), 165(1), (3) and (7), 166(1)(b), 171(1), (3)(b) to (d) and (5), 171ZP(2) and (3), 171ZS(1) and 175(1) to (4) of, and paragraphs 1 and 1A of Schedule 11 and paragraph 2 of Schedule 13 to, the Social Security Contributions and Benefits Act 1992[1] and sections 5(1)(1), 132(1) and (2), 189(1) and 191 of the Social Security Administration Act 1992[2] and of all other powers enabling him in that behalf, with the concurrence of the Treasury, insofar as such concurrence is required[3], and after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it[4], hereby makes the following Regulations: - 

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 2002 and shall come into force - 

    (2) These Regulations, (except for regulations 3,5,6,10,14 and 16), shall take effect only in respect of those women whose expected week of confinement commences on or after 6th April 2003.

    (3) In these Regulations - 

Amendment of regulation 2 of the Statutory Maternity Pay (General) Regulations
     2.  - (1) Regulation 2 of the Statutory Maternity Pay (General) Regulations (the Maternity Pay Period) shall be amended in accordance with the following provisions of this regulation.

    (2) For paragraph (1) there shall be substituted the following paragraph - 

    (3) In paragraph (2) for the words "18 consecutive weeks" there shall be substituted the words "26 consecutive weeks".

    (4) In paragraph (3) for the words "shall be the week after the week in which she is confined" there shall be substituted the words "shall be the week commencing on the day after the day on which she is confined".

    (5) For paragraph (4) there shall be substituted the following paragraph - 

    (6) Paragraph (5) shall be omitted.

    (7) For paragraph (6) there shall be substituted the following paragraph - 

    (8) After paragraph (6) there shall be added the following paragraph - 

Substitution of regulation 6 of the Statutory Maternity Pay (General) Regulations
    
3. For regulation 6 of the Statutory Maternity Pay (General) Regulations (lower rate of statutory maternity pay) there shall be substituted the following regulation - 

Amendment of regulation 11(1) of the Statutory Maternity Pay (General) Regulations
     4. In regulation 11(1) of the Statutory Maternity Pay (General) Regulations (continuous employment) - 

Amendment of regulation 20(4) of the Statutory Maternity Pay (General) Regulations
    
5. In regulation 20(4) of the Statutory Maternity Pay (General) Regulations (meaning of "earnings") - 

Revocation of regulation 21A of the Statutory Maternity Pay (General) Regulations
     6. Regulation 21A of the Statutory Maternity Pay (General) Regulations (effect of statutory maternity pay on incapacity benefit)[15] is hereby revoked.

Amendment of regulation 23 of the Statutory Maternity Pay (General) Regulations
     7.  - (1) Regulation 23 of the Statutory Maternity Pay (General) Regulations (notice of absence from work) shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph (1) - 

    (3) In paragraph (2) - 

    (4) For paragraph (4) there shall be substituted the following paragraph - 

Amendment of regulation 25A of the Statutory Maternity Pay (General) Regulations
    
8.  - (1) Regulation 25A of the Statutory Maternity Pay (General) Regulations (provision of information relating to claims for certain other benefits)[16] shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph (1) for the words "section 46(4) of the 1986 Act" there shall be substituted the words "section 164(4)(a) or (9)(ea) of the Contributions and Benefits Act[17]".

    (3) In paragraph (3) - 

    (4) In the paragraph (4)(b) - 

Amendment of regulation 28 of the Statutory Maternity Pay (General) Regulations
     9. In regulation 28 of the Statutory Maternity Pay (General) Regulations (rounding to avoid fractional amounts) for the words "at the higher rate specified in section 48(2) of the 1986 Act" there shall be substituted the words "at the earnings-related rate referred to in section 166(1) of the Contributions and Benefits Act[18]".

Amendment of the Social Security (Incapacity Benefit) Regulations
     10.  - (1) In the Social Security (Incapacity Benefit) Regulations, after regulation 7 (days of statutory sick pay to be included in days of entitlement to incapacity benefit) there shall be inserted the following regulations - 

    (2) After that regulation there shall be inserted the following regulation - 

Amendment of regulation 3 of the Statutory Maternity Pay (National Health Service Employees) Regulations
     11. In regulation 3 of the Statutory Maternity Pay (National Health Service Employees) Regulations (notification of election) for the words "21 days " there shall be substituted the words "28 days".

Amendment of regulation 4 of the Statutory Maternity Pay (National Health Service Employees) Regulations
    
12. In regulation 4 of the Statutory Maternity Pay (National Health Service Employees) Regulations (provision of information) for the words "21 days" there shall be substituted the words "28 days".

Amendment of regulation 3 of the Statutory Sick Pay (General) Regulations
    
13.  - (1) Regulation 3 of the Statutory Sick Pay (General) Regulations (period of entitlement ending or not arising) shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph (4)(b) for the words "6th week" there shall be substituted the words "4th week".

    (3) In paragraph (5)(b) for the words "6th week" there shall be substituted the words "4th week".

Amendment of regulation 17(3) of the Statutory Sick Pay (General) Regulations
    
14. In regulation 17(3) of the Statutory Sick Pay (General) Regulations (meaning of "earnings") - 

Amendment of regulation 3 of the Social Security (Maternity Allowance) Regulations
     15.  - (1) Regulation 3 of the Social Security (Maternity Allowance) Regulations (modification of the maternity allowance period) shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph (1) for the words "Section 22(2) of the Act" there shall be substituted the words "Section 35(2) of the Social Security Contributions and Benefits Act 1992".

    (3) Paragraph (2) shall be omitted.

    (4) In paragraph (2A) for the words "18 weeks" there shall be substituted the words "26 weeks".

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

Amendment of regulation 3(a) of the Social Security (Maternity Allowance) (Earnings) Regulations
    
17. In regulation 3(a) of the Social Security (Maternity Allowance) (Earnings) Regulations (specified payments for self-employed earners) for the words "the lower earnings limit in force" there shall be substituted the words "an amount 90 per cent. of which is equal to the weekly rate prescribed under section 166(1)(b) of the Contributions and Benefits Act that is in force".

Amendment of regulation 4 of the Social Security (Maternity Allowance) (Earnings) Regulations
    
18.  - (1) Regulation 4 of the Social Security (Maternity Allowance) (Earnings) Regulations (aggregation of specified payments) shall be amended in accordance with the following provisions of this regulation.

    (2) In paragraph (1) the words "other than one to which regulation 5(2) applies" shall be omitted.

    (3) Paragraph (2) shall be omitted.

Amendment of regulation 5 of the Social Security (Maternity Allowance) (Earnings) Regulations
    
19. For regulation 5 of the Social Security (Maternity Allowance) (Earnings) Regulations (the specified period) there shall be substituted the following regulation - 

Amendment of regulation 6 of the Social Security (Maternity Allowance) (Earnings) Regulations
    
20.  - (1) Regulation 6 of the Social Security (Maternity Allowance) (Earnings) Regulations (determination of average weekly amount of specified payments) shall be amended in accordance with the following provisions of this regulation.

    (2) For paragraph (1) there shall be substituted the following paragraph - 

    (3) After paragraph (2) there shall be added the following paragraph - 



Signed by authority of the Secretary of State for Work and Pensions.


P. Hollis
Parliamentary Under-Secretary of State, Department for Work and Pensions

29th October 2002



The Treasury hereby concur.


Nick Ainger

Philip Woolas
Two of the Commissioners of Her Majesty's Treasury

30th October 2002



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Social Security (Incapacity Benefit) Regulations 1994 ("the Social Security (Incapacity Benefit) Regulations"), the Statutory Maternity Pay (General) Regulations 1986 ("the Statutory Maternity Pay (General) Regulations"), the Statutory Maternity Pay (National Health Service Employees) Regulations 1991 ("the Statutory Maternity Pay (National Health Service Employees) Regulations"), the Statutory Sick Pay (General) Regulations 1982 ("the Statutory Sick Pay (General) Regulations"), the Social Security (Maternity Allowance) Regulations 1987 ("the Social Security (Maternity Allowance) Regulations") and the Social Security (Maternity Allowance) (Earnings) Regulations 2000 ("the Social Security (Maternity Allowance) (Earnings) Regulations"), in consequence of Part 1 of the Employment Act 2002.

The Statutory Maternity Pay (General) Regulations are amended as follows - 

The Statutory Maternity Pay (National Health Service Employees) Regulations are amended as follows - 

The Statutory Sick Pay (General) Regulations are amended as follows - 

The Social Security (Maternity Allowance) Regulations are amended as follows - 

The Social Security (Maternity Allowance) (Earnings) Regulations are amended as follows - 

An assessment of the costs to business of the proposals for these Regulations was made under the Employment Act 2002. Copies of this assessment are available from the House of Commons and House of Lords Libraries. Copies can be obtained by post from The Department for Trade and Industry, Employment Relations Directorate, 1 Victoria Street, London SW1H 0ET.


Notes:

[1] 1992 c. 4; section 35(3)(c) was added and further amended by regulation 2(3) of S.I. 1994/1230 and section 53(2) of the Welfare Reform and Pensions Act 1999 (c. 30) respectively; section 35A was inserted by section 53(3) of the Welfare Reform and Pensions Act 1999; section 164(9)(ea) was inserted by section 20 of the Employment Act 2002 (c. 22); sections 165(1), (3) and (7) were amended by section 18 of the Employment Act 2002 and regulation 3 of S.I. 1994/1230 respectively; section 166 was substituted by section 19 of the Employment Act 2002; sections 171ZP(2) and (3) and 171ZS(1) were inserted by section 4 of the Employment Act 2002; sections 175(1) and (4) were amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), Schedule 3, paragraph 29; Schedule 11, paragraph 1A was inserted by Schedule 1, paragraph 20 to the Social Security Contributions (Transfer of Functions etc.) Act 1999; Schedule 13, paragraph 2 was substituted by the Jobseekers Act 1995 (c. 18), Schedule 2, paragraph 37; sections 163(1), 171(1) and 171ZS(1) are cited for the meaning given to the words "prescribe" and "regulations".back

[2] 1992 c. 5; section 132(1) was amended by the Social Security (Incapacity for Work) Act 1994 (c. 18), Schedule 1, paragraph 50 and section 88 of the Welfare Reform and Pensions Act 1999; section 189(1) was amended by the Social Security Act 1998 (c. 14), Schedule 7, paragraph 109 and by the Social Security Contributions (Transfer of Functions, etc.) Act 1999, Schedule 3, paragraph 57(2); section 191 is cited for the meaning given to the words "prescribe" and "regulations".back

[3] See the Social Security Contributions and Benefits Act 1992, Schedule 11, paragraph 1A.back

[4] See the Social Security Administration Act 1992, section 173(1)(b).back

[5] S.I. 1994/2946.back

[6] S.I. 1987/416; relevant amending instruments are S.I. 1994/1367 and 1997/793.back

[7] S.I. 2000/688.back

[8] S.I. 1986/1960; relevant amending instruments are S.I. 1988/532, 1990/622, 1994/1367, 1995/829, 2000/2883 and 2002/668.back

[9] S.I. 1991/590.back

[10] S.I. 1982/894; relevant amending instruments are S.I. 1987/868 and 1994/1367.back

[11] Section 166 was substituted by section 19 of the Employment Act 2002 (c. 22).back

[12] Section 164(9)(b) was amended by paragraph 12(2) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999.back

[13] Section 171ZD was inserted by section 2 of the Employment Act 2002.back

[14] Section 171ZM was inserted by section 4 of the Employment Act 2002.back

[15] Regulation 21A was inserted by regulation 3 of S.I. 1988/532; relevant amending instruments are S.I. 1990/622 and 1995/829.back

[16] Regulation 25A was inserted by regulation 7 of S.I. 1990/622.back

[17] Section 164(4)(a) was substituted and section 164(9)(ea) was inserted by section 20 of the Employment Act 2002.back

[18] Section 166(1) of the Social Security Contributions and Benefits Act 1992 was substituted by section 19 of the Employment Act 2002.back

[19] Section 30A was inserted by section 1(1) of the Social Security (Incapacity for Work) Act 1994 and was amended by sections 64 and 88 of the Welfare and Reform and Pensions Act 1999.back

[20] Section 30C(3) was inserted by section 3(1) of the Social Security (Incapacity for Work) Act 1994.back

[21] Section 171ZP(1) was inserted by section 4 of the Employment Act 2002.back

[22] Part 12ZB was inserted by section 4 of the Employment Act 2002.back

[23] Section 171ZD was inserted by section 2 of the Employment Act 2002.back

[24] Section 171ZM was inserted by section 4 of the Employment Act 2002.back



ISBN 0 11 042935 4


  Prepared 1 November 2002


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