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STATUTORY RULES OF NORTHERN IRELAND


2006 No. 361

STATUTORY MATERNITY PAY

SOCIAL SECURITY

The Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations (Northern Ireland) 2006

  Made 8th September 2006 
  Coming into operation in accordance with regulation 1(2)

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 35(3)(a)(i) and (c), 161(1), (3), (4) and (7) and 171(1) and (3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[1] and sections 5(1)(m)[2], 71(1)(a) and 165(1), (3) and (4) of the Social Security Administration (Northern Ireland) Act 1992[3] and now vested in it[4].

     These Regulations are made by virtue of, or consequential upon, the coming into operation of the Work and Families (Northern Ireland) Order 2006[5] or, in the case of regulation 2, by virtue of, or consequential upon, the coming into operation of Article 63 of the Social Security (Northern Ireland) Order 1998[6].

Citation, application and commencement
     1. —(1) These Regulations may be cited as the Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations (Northern Ireland) 2006.

    (2) These Regulations shall apply to women whose expected week of confinement begins on or after 1st April 2007 and shall come into operation on 1st October 2006.

Amendment of the Social Security (Overlapping Benefits) Regulations
    
2. In regulation 14 of the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979[7] (provisions for adjusting benefit for part of a week) for paragraph (1) substitute—

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—

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

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

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—

    (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


SCHEDULE
Regulation 5


Revocations


Column (1) Column (2) Column (3)
Citation Reference Extent of revocation
The Social Security Maternity Benefits, Statutory Maternity Pay and Statutory Sick Pay (Amendment) Regulations (Northern Ireland) 1994 S.R. 1994 No. 191 Regulation 2(2)
The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations (Northern Ireland) 1995 S.R. 1995 No. 150 Regulation 14(7)(a)
The Social Security and Child Support (Jobseeker's Allowance) (Consequential Amendments) Regulations (Northern Ireland) 1996 S.R. 1996 No. 289 Regulation 11(5)(a)
The Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations (Northern Ireland) 2002 S.R. 2002 No. 354 Regulations 2(2) and (6) and 5(c)



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 ("the Overlapping Benefits Regulations"), the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 ("the Statutory Maternity Pay Regulations") and the Social Security (Maternity Allowance) Regulations (Northern Ireland) 1987 ("the Maternity Allowance Regulations").

Regulation 2 amends the Overlapping Benefits Regulations to provide for adjustments of all benefits at a rate of one seventh of the appropriate weekly rate for each day of the week.

Regulation 3 amends the Statutory Maternity Pay Regulations to—

Regulation 4 amends the Maternity Allowance Regulations to—

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.


Notes:

[1] 1992 c. 7; section 35 was amended by Article 4 of the Still-Birth (Definition) (Northern Ireland) Order 1992 (1992/1310 (N.I. 10)), regulation 2(3) of S.R. 1994 No. 176, Article 50(1) and (2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)), paragraph 2 of Schedule 1 to the Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.)) and paragraph 5 of Schedule 1 to the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), section 161 was amended by regulation 3 of S.R. 1994 No. 176 and Article 3 of, and paragraph 6 of Schedule 1 to, the Work and Families (Northern Ireland) Order 2006, section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)back

[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



ISBN 0 337 96631 1


 © Crown copyright 2006

Prepared 14 September 2006


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