The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023

These Regulations may be cited as the Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 and shall come into operation on 29th September 2023.

The Interpretation Act (Northern Ireland) 1954^f1 shall apply to these Regulations as it applies to an Act of the Assembly (but see regulations 28 to 33); and the Interpretation Act 1978^f2 shall not apply.

in the title, after “shared parental pay period,” insert “parental bereavement pay period,”;

in paragraph (1)(a) after “paragraph (2)(a)” for “or (aa)” substitute “or (d)”;

at the end of paragraph (2)(c) for “.” substitute “; or”;

after paragraph (2)(c) insert—

“(d)

the parental bereavement pay period in respect of which statutory parental bereavement pay is paid to a person.”;

at the end of paragraph (5)(b) for “.” substitute “; and”; and

after paragraph (5)(b) insert—

“(c)

“statutory parental bereavement pay” means statutory parental bereavement pay payable in accordance with Part 12ZD of that Act and “parental bereavement pay period” means the weeks in respect of which statutory parental bereavement pay is payable to a person under section 167ZZ12(2) of that Act.”.

at the end of sub-paragraph (k) for “.” substitute “;”; and

after sub-paragraph (k) insert—

“(l)

any sum payable by way of statutory parental bereavement pay, including any sums payable in accordance with regulations made under section 167ZZ11(3) of the Contributions and Benefits Act.”.

The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987^f1 are amended in accordance with paragraphs (2) and (3).

In regulation 11 (continuous employment), in paragraph (1)(e), after “shared parental leave” insert “, parental bereavement leave”.

In regulation 20 (meaning of “earnings”), in paragraph (4)—

The Income Support (General) Regulations (Northern Ireland) 1987^f1 are amended in accordance with paragraphs (2) to (6).

In regulation 2 (interpretation), in paragraph (1), in the appropriate place insert—

• ““parental bereavement leave” means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996;”.

In regulation 5 (persons treated as engaged in remunerative work), in paragraph (3A) for “or shared parental leave” substitute “, shared parental leave or parental bereavement leave”.

In regulation 35 (earnings of employed earners), in paragraph (2)(b) for “or shared parental leave” substitute “, shared parental leave or parental bereavement leave”.

In Schedule 1B (prescribed categories of person) after paragraph 14B insert—

“Parental Bereavement Leave

14C.

(1)

A person who is entitled to, and is taking, parental bereavement leave by virtue of Article 112EA of the Employment Rights (Northern Ireland) Order 1996 and who satisfies either or both of the conditions set out in sub-paragraph (2).

(2)

The conditions for the purposes of sub-paragraph (1) are that the person—

(a)

is not entitled to statutory parental bereavement pay by virtue of Part 12ZD of the Contributions and Benefits Act, or to any remuneration from their employer in respect of that leave for the period to which their claim for income support relates;

(b)

is entitled to working tax credit, child tax credit payable at a rate higher than the family element or housing benefit on the day before that leave begins.

(3)

In this paragraph “remuneration” means payment of any kind and “family element” means in a case where any child in respect of whom child tax credit is payable is under the age of one year, the amount specified in regulation 7(3)(a) of the Child Tax Credit Regulations 2002 or in any other case, the amount specified in regulation 7(3)(b) of those Regulations but subject in any case to calculations of those amounts made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002.”.

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) in paragraph 4—

The Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995^f1 are amended in accordance with paragraphs (2) and (3).

In regulation 2 (interpretation), in the appropriate place insert—

• ““Parental bereavement leave” means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996;”.

In regulation 65 (absence because of illness or injury or certain types of leave)—

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996^f1 are amended in accordance with paragraphs (2) to (6).

In regulation 1 (citation, commencement, interpretation and application), in paragraph (2) in the appropriate place insert—

• ““parental bereavement leave” means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996;”.

In regulation 15 (circumstances in which a person is not to be regarded as available), for paragraph (1)(bc) substitute—

“(bc)

if that person is on ordinary or additional adoption leave, shared parental leave, paternity leave or parental bereavement leave by virtue of Article 107A, 107B or 112EA of the Employment Rights (Northern Ireland) Order 1996;”.

In regulation 52 (persons treated as engaged in remunerative work), in paragraph (1), after “shared parental leave” insert “, parental bereavement leave”.

In regulation 98 (earnings of employed earners), in paragraph (2)(c), after “shared parental leave” insert “, parental bereavement leave”.

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) in paragraph 4—

The Social Security (Maternity Allowance) (Earnings) Regulations (Northern Ireland) 2000^f1 are amended in accordance with paragraph (2).

In regulation 2 (specified payments for employed earners), after paragraph (1)(h) insert—

“(i)

any sum payable by way of statutory parental bereavement pay, including any sums payable in accordance with Regulations made under section 167ZZ11(3) of the Contributions and Benefits Act.”.

The State Pension Credit Regulations (Northern Ireland) 2003^f1 are amended in accordance with paragraphs (2) to (5).

In regulation 1 (interpretation), in paragraph (2), in the appropriate place insert—

• ““parental bereavement leave” means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996;”.

In regulation 15 (income for the purposes of the Act), after paragraph (1)(pb) insert—

“(pc)

statutory parental bereavement pay payable under Part 12ZD of the Contributions and Benefits Act;”.

In regulation 17A (earnings of employed earners), after paragraph (2)(ib) insert—

“(ic)

statutory parental bereavement pay payable under Part 12ZD of the Contributions and Benefits Act;”.

In Schedule 2 (housing costs), in paragraph 2(7) after “shared parental leave” insert “, parental bereavement leave”.

in paragraph (1)(k), after “under section 80EA of the Employment Rights Act 1996” insert “or Article 112EA of the Employment Rights (Northern Ireland) Order 1996”; and

in paragraph (3C) after “Part 2 of the Statutory Parental Bereavement Pay (General) Regulations 2020” insert “or Part 2 of the Statutory Parental Bereavement Pay (General) (No. 2) Regulations (Northern Ireland) 2023”.

The Housing Benefit Regulations (Northern Ireland) 2006^f1 are amended in accordance with paragraphs (2) to (7).

In regulation 2 (interpretation), in paragraph (1) in the appropriate place insert—

• ““parental bereavement leave” means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996;”.

In regulation 6 (remunerative work), in paragraph (7), after “shared parental leave” insert “, parental bereavement leave”.

In regulation 25 (treatment of child care charges)—

In regulation 32 (earnings of employed earners), in paragraph (1)—

In regulation 33 (calculation of net earnings of employed earners), in paragraph (3)(d) for “or statutory shared parental pay” substitute “, statutory shared parental pay or statutory parental bereavement pay”.

In regulation 73E (exception to the benefit cap: current or recent work), in paragraph (4) for “or shared parental leave” substitute “, shared parental leave or parental bereavement leave”.

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006^f1 is amended in accordance with paragraphs (2) to (7).

In regulation 2(1) (interpretation), in the appropriate place insert—

• ““parental bereavement leave” means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996;”.

In regulation 6 (remunerative work), in paragraph (7) for “or shared parental leave” substitute “, shared parental leave, parental bereavement leave”.

In regulation 27 (meaning of “income”), after paragraph (1)(h)(xva) insert—

“(xvaa)

statutory parental bereavement pay payable under Part 12ZD of the Act;”.

In regulation 29 (treatment of child care charges)—

In regulation 33 (earnings of employed earners), in paragraph (1), after sub-paragraph (ja) insert—

“(jb)

statutory parental bereavement pay payable under Part 12ZD of the Act;”.

In regulation 34 (calculation of net earnings of employed earners), in paragraph 2(d) for “or statutory shared parental pay” substitute “, statutory shared parental pay or statutory parental bereavement pay”.

The Annex to the Firefighters’ Pension Scheme Order (Northern Ireland) 2007^f1 is amended in accordance with paragraph (2).

In the Scheme—

The Annex to the New Firefighters’ Pension Scheme Order (Northern Ireland) 2007^f1 is amended in accordance with paragraphs (2) to (4).

In Part 1 (citation and interpretation) in Article 2(1) (interpretation), in the appropriate place insert—

• ““parental bereavement leave” means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996;”

In Part 10 (qualifying service and pensionable service)—

In Part 11 (pensionable pay, pension contributions and purchase of additional service)—

The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008^f1 are amended in accordance with paragraphs (2) to (12).

In regulation 6 (interpretation: general) in the appropriate place insert—

• ““parental bereavement leave” means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996;”.

In regulation 9 (pensionable service: breaks in service)—

In regulation 14 (pensionable pay: breaks in service), in paragraph (1)—

In regulation 35 (effect of member being absent or leaving and rejoining this Section of the Scheme during the contribution option period), in paragraph (1)—

In regulation 89 (death during period of absence), after paragraph (1)(c) insert—

“(ca)

parental bereavement leave,”.

In regulation 137 (interpretation of Part 3: general), in paragraph (1) in the appropriate place insert—

• ““parental bereavement leave” means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996;”.

In regulation 140 (pensionable service: breaks in service)—

In regulation 143 (meaning of “pensionable earnings”)—

In regulation 144 (pensionable earnings — breaks in service), in paragraph (1)—

In regulation 166 (effect of member being absent or leaving and rejoining this Section of the Scheme during the contribution option period), in paragraph (1)—

In regulation 216 (death during period of absence), after paragraph (1)(c) insert—

“(ca)

parental bereavement leave,”.

The Employment and Support Allowance Regulations (Northern Ireland) 2008^f1 are amended in accordance with paragraphs (2) to (6).

In regulation 2 (interpretation), in paragraph 1, in the appropriate place insert—

• ““parental bereavement leave” means leave under Article 112EA of the Employment Rights Order;”.

In regulation 43 (circumstances under which partners of claimants entitled to an income-related allowance are not to be treated as engaged in remunerative work), in paragraph (3), after “shared parental leave” insert “, parental bereavement leave”.

In regulation 95 (earnings of employed earners), in paragraph (2)(b), after “shared parental leave” insert “, parental bereavement leave”.

In Schedule 6 (housing costs) in paragraph 2(5) after “shared parental leave” insert “, parental bereavement leave”.

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

The Investment Bank Special Administration Regulations 2011^f1 are amended in accordance with paragraph (2).

In Schedule 6 (modifications and consequential amendments) in Part 1, in the list of secondary legislation after “Statutory Parental Bereavement Pay (General) Regulations 2020” insert “Statutory Parental Bereavement Pay (General) (No. 2) Regulations (Northern Ireland) 2023”.

The Agency Workers Regulations (Northern Ireland) 2011^f1 are amended in accordance with paragraph (2).

In regulation 6 (relevant terms and conditions), in paragraph (3)(c) after “paternity” insert “, parental bereavement”.

The Local Government Pension Scheme Regulations (Northern Ireland) 2014^f1 are amended in accordance with paragraphs (2) to (4).

In regulation 17 (employing authority contributions during absences), in paragraph (4)(b)—

In regulation 18 (additional pension contributions), in paragraph (17)(a)—

In Schedule 1(interpretation)—

The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014^f1 are amended in accordance with paragraph (2).

In Schedule 1 (interpretation)—

The Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015^f1 are amended in accordance with paragraphs (2) to (4).

In regulation 3 (interpretation)—

In regulation 27 (meaning of “assumed pensionable pay”)—

In regulation 121 (contributions during child-related leave), in paragraph (3) after “shared parental leave” insert “, parental bereavement leave”.

The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015^f1 are amended in accordance with paragraphs (2) to (6).

In regulation 21 (absence from work), in paragraph (1)—

In regulation 28 (pensionable earnings: break in service), in paragraph (2)—

In regulation 67 (effect of being absent or leaving and rejoining scheme during contributions payment period), after paragraph (1)(d) insert—

“(da)

is on parental bereavement leave;”.

In Schedule 8 (practitioner income), in paragraph 3—

In Schedule 13 (definitions), in the appropriate place in Column 1, insert “parental bereavement leave”, and for the corresponding entry in Column 2 insert “means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996”.

The Childcare Payments (Eligibility) Regulations 2015^f1 are amended in accordance with paragraph (2).

In regulation 12 (qualifying paid work: time off in connection with sickness or parenting), in paragraph (1)—

The Universal Credit Regulations (Northern Ireland) 2016^f1 are amended in accordance with paragraphs (2) to (4).

In regulation 2 (interpretation), in paragraph 1, in the appropriate place insert—

• ““statutory parental bereavement pay” means statutory parental bereavement pay payable in accordance with Part 12ZD of the Contributions and Benefits Act;”.

In regulation 33 (the work condition), in paragraph (2)(b) after “statutory shared parental pay” insert “, statutory parental bereavement pay”.

In regulation 55 (employed earnings), in paragraph (4)—

The Jobseeker’s Allowance Regulations (Northern Ireland) 2016^f1 are amended in accordance with paragraphs (2) to (4).

In regulation 2 (general interpretation), in paragraph (2), in the appropriate place insert—

• ““parental bereavement leave” means leave under Article 112EA of the Employment Rights (Northern Ireland) Order 1996;”.

In regulation 42 (persons treated as engaged in remunerative work), in paragraph (1) after “shared parental leave” insert “, parental bereavement leave”.

In regulation 58 (earnings of employed earners), in paragraph (2)(c), after “shared parental leave” insert “, parental bereavement leave”.

The Employment and Support Allowance Regulations (Northern Ireland) 2016^f1 are amended in accordance with paragraph (2).

In regulation 80 (earnings of employed earners) in paragraph (2)(b) after “107E or 107G of that Order” insert “, parental bereavement leave under Article 112EA of that Order”.

The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016^f1 are amended in accordance with paragraph (2).

In regulation 8 (qualifying paid work and work outside role as a foster parent: time off in connection with sickness or parenting), in paragraph (1)—

This regulation applies to a reference (expressed or implied) in these Regulations, any statutory provision, or any other instrument or document, to a provision of these Regulations.

The reference is, subject to its context, to be read as being or including a reference to any or all of the corresponding provisions, in relation to times, circumstances or purposes in relation to which those earlier provisions had effect.

For the purposes of paragraph (2), the corresponding provisions are—

This regulation applies to a reference (expressed or implied) in any statutory provision, or any other instrument or document to—

The reference is, subject to its context, to be read as being or including a reference to the corresponding provision of these Regulations, in relation to times, circumstances or purposes in relation to which that provision has effect.

The revocation of any provision by these Regulations does not affect the previous operation of that provision, except as provided by regulation 32.

The revocation by these Regulations of the savings made by regulations 31 and 32 of the Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations (Northern Ireland) 2023 does not affect the operation of those savings in so far as they are not specifically reproduced in these Regulations but remain capable of having effect.

Anything done, or having effect as if done, under (or for the purposes of or in reliance on) a provision revoked by these Regulations and in operation or effective immediately before the time these Regulations come into operation, has effect after that time as if done instead under (or for the purposes of or in reliance on) the corresponding provision of these Regulations.

Any right, privilege, obligation or liability acquired, accrued or incurred under a provision revoked by these Regulations is to be treated as having acquired, accrued or incurred instead under the corresponding provision of these Regulations.

Any reference in paragraph (1) or (2) to—

The revocation of any provision by these Regulations does not affect-

Regulations 28 to 32 have effect in place of sections 28(2) and 29 of the Interpretation Act (Northern Ireland) 1954^f1 (“1954 Act”).

Nothing in those regulations affects any other provision of the 1954 Act.

In regulations 29 and 30, “instrument” and “statutory provision” have the meaning given to them by section 1(c) and (f) of the 1954 Act.