{
  "url": "https://openlegislation.uk/draft-parental-bereavement-leave-and-pay-miscarriage-regulations-northern-ireland-2026/regulation-3",
  "json_url": "https://openlegislation.uk/draft-parental-bereavement-leave-and-pay-miscarriage-regulations-northern-ireland-2026/regulation-3.json",
  "legislation": "nidsr/2026/9780338025852",
  "legislation_title": "The Parental Bereavement Leave and Pay (Miscarriage) Regulations (Northern Ireland) 2026",
  "legislation_url": "https://openlegislation.uk/draft-parental-bereavement-leave-and-pay-miscarriage-regulations-northern-ireland-2026",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Amendments to the Statutory Parental Bereavement Pay (General) (No. 2) Regulations",
  "text": "(1) The Statutory Parental Bereavement Pay (General) (No. 2) Regulations (Northern Ireland) 2023 are amended in accordance with paragraphs (2) to (7).\n(2) In regulation 2 (application), after “6th April 2022” insert “and to cases where a woman experiences a miscarriage and becomes aware of it on or after 6th April 2026”.\n(3) In regulation 3 (interpretation)—\n(a) after the definition of “the Commissioners” insert—\n““the first day of bereavement” means—\n(a) the date of C’s death, or\n(b) the date that S experienced the miscarriage or became aware that she had experienced a miscarriage.”;\n(b) in the definition of “intended parent” before sub-paragraph (a) insert—\n“(aa) but for the occurrence of a miscarriage, would have intended to meet the requirements of sub-paragraphs (a) and (b);”;\n(c) after the definition of “relevant domestic authority” insert—\n““S” means a woman who has experienced a miscarriage;”; and\n(d) for the definition of “week of C’s death” substitute—\n““week of the bereavement” means the week, beginning with a Sunday, in which either C died or the woman experienced the miscarriage or became aware of the miscarriage.”\n(4) After regulation 4 (conditions of entitlement to statutory parental bereavement pay) insert—\n“Application of entitlement to statutory parental bereavement pay for cases of miscarriage\n4A. (1) Part 12ZD of the 1992 Act (Statutory Parental Bereavement Pay) and regulations under it, including these regulations, apply to a woman who has experienced a miscarriage as they apply in relation to a bereaved parent as set out in section 167ZZ9 (entitlement) with such modifications as are specified in these regulations.\n(2) For the purpose of these regulations, it is to be determined that a woman has experienced a miscarriage if either of the following conditions are met—\n(a) the woman has experienced spontaneous loss of a pregnancy before the completion of 24 weeks of gestation; or\n(b) the woman has experienced the loss of a pregnancy because of a medical intervention following assessment by a medical professional, that was necessary to protect the physical or mental health of the pregnant woman, or to address a fatal fetal abnormality or a severe fetal impairment.\n(3) Part 12ZD of the 1992 Act (Statutory Parental Bereavement Pay) and regulations under it, also apply to persons who satisfy one of the following conditions as to their relationship with the woman who experienced a miscarriage if either of the following conditions are met—\n(a) the person, but for the occurrence of the miscarriage experienced by S, would have been the biological or intended parent of the child expected from S’s pregnancy; or\n(b) the person is the current partner of S.\n(4) In this regulation—\n(a) “Partner” means either a person (whether of a different or the same sex), who is in an enduring family relationship with S but is not a relative of S of a kind specified in sub-paragraph (b);\n(b) the relatives of S referred to in sub-paragraph (a) are S’s child, parent, grandparent, sister, brother, aunt or uncle;\n(c) references to relationships in sub-paragraph (b)—\n(i) are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption; and\n(ii) include the relationship of a child with adoptive, or former adoptive, parents;\nbut do not include any other adoptive relationships.”.\n(5) In regulation 7 (qualifying period) for “the date of C’s death” substitute “the first day of bereavement”.\n(6) In regulation 8 (notice and evidence requirements for statutory parental bereavement pay)—\n(a) In sub-paragraph (2)(a) after “and” insert “either,”;\n(b) In sub-paragraph (2)(b) for “.” substitute “, or”\n(c) After sub-paragraph (2)(b) insert—\n“(c) a declaration that the person meets one of the conditions prescribed in regulation 4A(2) or (3).”;\n(d) In sub-paragraph (3)(b) for “the date of C’s death” substitute “the first day of bereavement”;\n(e) for paragraph (5) substitute —\n“(5) The relevant declaration referred to in either, paragraph 2(b) or 2(c), must be provided at the same time as a notice is first given under paragraph (1) in respect of the first day of bereavement.”; and\n(f) in paragraph (9) for “the date of C’s death” substitute “the first day of bereavement”.\n(7) In regulation 10 (work during period of payment of statutory parental bereavement pay), in sub-paragraph (1)(b), for “C’s death” substitute “the bereavement”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.R. 2023 No. 155"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nidsr/2026/9780338025852/regulation/3",
    "retrieved_at": "2026-10-30T15:39:55.276292+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}