Explanatory note

These Regulations amend the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 520) (“the 1996 Regulations”).

Regulation 1 provides for the citation and commencement of these Regulations.

Regulation 2 amends the 1996 Regulations. Paragraph (1) introduces the amendments. Paragraph (2) omits the definition of maternity leave (which is used only in regulation 9) from regulation 2(1). Paragraph (3) amends regulation 9 as follows. It substitutes a new sub-paragraph (j) in regulation 9(1). The effect is that earnings for benefit purposes include not only remuneration paid to a claimant during a period of maternity leave or sick absence but also any payment of remuneration during a period of adoption leave under Article 107A or 107B of the Employment Rights (Northern Ireland) Order 1996 (S.I. 1996/1919 (N.I. 16)) or paternity leave under Article 112A or 112B of that Order. Those Articles are inserted by the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)). Paragraph (3) also inserts definitions of “adoption leave”, “maternity leave” and “paternity leave” in regulation 9(4). Paragraphs (4) and (5) make amendments to regulations 7, 10 and 13 of, and Schedule 3 to, the 1996 Regulations, consequent on the renaming of invalid care allowance as carer’s allowance under the Deregulation (Carer’s Allowance) Order (Northern Ireland) 2002 (S.R. 2002 No. 321).