# The Social Security (2002 Act) (Commencement No. 2 and Transitional and Saving Provisions) Order (Northern Ireland) 2002

S.R. 2002/358 · made 22 November 2002

This Order provides for the coming into operation of provisions of the Social Security Act (Northern Ireland) 2002 as follows –24th November 2002 for a provision relating to the sharing of functions as regards certain claims and information;24th November 2002 for provisions, in so far as not already in operation, relating to the maternity pay period, entitlement to statutory maternity pay, the rate of maternity allowance and a consequential repeal; and6th April 2003 for provisions relating to the rate of statutory maternity pay, in so far as not already in operation, and the rate of maternity allowance and consequential amendments and repeals.

Made under: Social Security Act (Northern Ireland) 2002 (Section 9)

PDFs: Printed copy https://openlegislation.uk/social-security-2002-act-commencement-no-2-and-transitional-and-saving-provisions-order-northern-ireland-2002/pdf/nisr_20020358_en.pdf

## Introductory text

SOCIAL SECURITY
Made 22nd November 2002
The Department for Social Development, in exercise of the powers conferred on it by section 9(1) and (2) of the Social Security Act (Northern Ireland) 2002 and of all other powers enabling it in that behalf, hereby makes the following Order:

## 1 Citation and interpretation

(1) This Order may be cited as the Social Security (2002 Act) (Commencement No. 2 and Transitional and Saving Provisions) Order (Northern Ireland) 2002.
(2) In this Order “the Act” means the Social Security Act (Northern Ireland) 2002.

## 2 Appointed days

The day appointed for the coming into operation of –
(a) paragraph 8 of Schedule 1 to the Act, paragraph 5 of that Schedule in so far as it relates to that paragraph and section 8(1) in so far as it relates to those paragraphs, is 24th November 2002;
(b) the provisions of the Act specified in Part I of the Schedule in so far as not already in operation, is 24th November 2002; and
(c) the provisions of the Act specified in Part II of the Schedule, is 6th April 2003.

## 3 Transitional and saving provisions

(1) The amendments to the Contributions and Benefits Act made by sections 1, 3 and 4(1)(b) and (2) of the Act and the repeal specified in Part I of the Schedule shall take effect only in relation to a woman whose expected week of confinement commences on or after 6th April 2003.
(2) The amendment to section 162 of the Contributions and Benefits Act made by section 2 of the Act (rate of statutory maternity pay) shall not have effect in relation to a woman –
(a) whose maternity pay period commences before 6th April 2003;
(b) who is entitled to statutory maternity pay at the rate of £75 a week immediately before that date; and
(c) who would be entitled to statutory maternity pay at a rate lower than £75 a week if the amendment had effect in relation to her.
(3) The amendment to section 35A of the Contributions and Benefits Act made by section 4(1)(a) of the Act (rate of maternity allowance) shall not have effect in relation to a woman –
(a) whose maternity allowance period commences before 6th April 2003;
(b) who is entitled to maternity allowance at the rate of £75 a week immediately before that date; and
(c) who would be entitled to maternity allowance at a rate lower than £75 a week if the amendment had effect in relation to her.

## Signature

Sealed with the Official Seal of the Department for Social Development on 22nd November 2002.
L.S.
John O'Neill
Senior Officer of the
Department for Social Development

## I provisions coming into operation on 24th november 2002

Provisions of the Act
Subject Matter
Section 1
Maternity pay period
Section 3
Entitlement to statutory maternity pay
Section 4(1)(b) and (2)
Rate of maternity allowance
The following repeal in Schedule 2 and section 8(2) in so far as it relates to it –
in section 160(2)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, the words “, wholly or partly because of pregnancy or confinement”
Repeals

## II provisions coming into operation on 6th april 2003

Provisions of the Act
Subject Matter
Section 2, in so far as not already in operation
Rate of statutory maternity pay
Section 4(1)(a) and (c)
Rate of maternity allowance
Paragraphs 1 to 4 of Schedule 1 and section 8(1) in so far as it relates to those paragraphs
Minor and consequential amendments
The following repeal in Schedule 2 and section 8(2) in so far as it relates to it –
Article 50(2)(b) of the Welfare Reform and Pensions (Northern Ireland) Order 1999
Repeals

## Explanatory note

(This note is not part of the Order.)
This Order provides for the coming into operation of provisions of the Social Security Act (Northern Ireland) 2002 as follows –
24th November 2002 for a provision relating to the sharing of functions as regards certain claims and information;
24th November 2002 for provisions, in so far as not already in operation, relating to the maternity pay period, entitlement to statutory maternity pay, the rate of maternity allowance and a consequential repeal; and
6th April 2003 for provisions relating to the rate of statutory maternity pay, in so far as not already in operation, and the rate of maternity allowance and consequential amendments and repeals.
Article 3 makes transitional and savings provisions.

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Source: https://www.legislation.gov.uk/nisr/2002/358 (the official version)
Page: https://openlegislation.uk/social-security-2002-act-commencement-no-2-and-transitional-and-saving-provisions-order-northern-ireland-2002
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.