Regulation 9 Earnings period for statutory maternity pay, statutory paternity pay, statutory adoption pay, statutory shared parental pay, statutory sick pay and statutory parental bereavement pay , statutory parental bereavement pay and statutory neonatal care pay paid by the BoardF17 F18 F19 F20 F21 F22

United Kingdom

(1)

In this regulation the expression “week”—

(a)

in paragraph (2)(a); and

(b)

in paragraph (2)(b) where it first occurs,

has the same meaning as in section 171(1) of the Act.

F1(2)

If the Board make a payment of statutory maternity pay, F2F3statutory paternity payF4, statutory shared parental pay F5, statutory adoption pay ~~F6or statutory parental bereavement pay~~ , statutory parental bereavement pay or statutory neonatal care pay under regulations made under the relevant provision—

(a)

that payment of statutory maternity pay, F7statutory paternity pay, statutory shared parental pay ~~or statutory adoption pay~~, statutory adoption pay ~~or statutory parental bereavement pay~~ , statutory parental bereavement pay or statutory neonatal care pay (as the case may be) shall not be aggregated with any other earnings; and

(b)

the earnings period in respect of that payment for any week shall be a week.

(2A)

In paragraph (2) “the relevant provision” means—

(a)

in relation to statutory maternity pay, section 164(9)(b),

(b)

F8in relation to F9... statutory paternity pay, section 171ZD(3),

F10(ba)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

in relation to statutory adoption pay, section 171ZM(3), F11...

(F12d)

in relation to statutory shared parental pay, section 171ZX(3), F13~~F14and~~

(e)

in relation to statutory parental bereavement pay, section 171ZZ8(3), F15and

(f)

in relation to statutory neonatal care pay, section 171ZZ18(3),

of the Act (liability to make payments of the relevant statutory pay to be that of the Board).

(3)

If the Board make a payment of statutory sick pay under regulations made under section 151(6) F16 of the Act (circumstances in which the Board are liable to pay statutory sick pay), the earnings period for that payment shall be—

(a)

a period of the same length as the period in respect of which the payment is made, or

(b)

a week,

whichever is the longer.

Annotations

Textual amendments

F1: Reg. 9(2)-(2A) substituted for reg. 9(2) (with effect in accordance with reg. 1(1) of the amending S.I.) by The Social Security (Contributions) (Amendment) Regulations 2003 (S.I. 2003/193), regs. 1(1), 4(3)
F2: Words in reg. 9(2) substituted (14.11.2010) by The Social Security (Contributions) (Amendment No. 5) Regulations 2010 (S.I. 2010/2450), regs. 1, 3(3)
F3: Words in reg. 9(2) substituted (5.4.2015) by The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 3(3)(a) (with reg. 9)
F4: Words in reg. 9(2) inserted (5.3.2015) by The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 3(3)(b)
F5: Words in reg. 9(2) substituted (6.4.2020) by The Social Security (Contributions) (Amendment) Regulations 2020 (S.I. 2020/239), regs. 1, 2(2)(b) (which amendment was extended to N.I. (6.4.2022) by S.I. 2022/384, reg. 3)
F6: Words in reg. 9(2) substituted (E.W.S.) (6.4.2025) by The Social Security (Contributions) (Amendment No. 4) Regulations 2025 (S.I. 2025/328), regs. 1, 2(2)(b)
F7: Words in reg. 9(2)(a) substituted (14.11.2010) by The Social Security (Contributions) (Amendment No. 5) Regulations 2010 (S.I. 2010/2450), regs. 1, 3(3)
F8: Reg. 9(2A)(b)(ba) substituted for reg. 9(2A)(b) (14.11.2010) by The Social Security (Contributions) (Amendment No. 5) Regulations 2010 (S.I. 2010/2450), regs. 1, 3(4)
F9: Word in reg. 9(2A)(b) omitted (5.4.2015) by virtue of The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 3(4)(a) (with reg. 9)
F10: Reg. 9(2A)(ba) omitted (5.4.2015) by virtue of The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 3(4)(b) (with reg. 9)
F11: Word in reg. 9(2A)(c) omitted (6.4.2020) by virtue of The Social Security (Contributions) (Amendment) Regulations 2020 (S.I. 2020/239), regs. 1, 2(2)(c)(i) (which amendment was extended to N.I. (6.4.2022) by S.I. 2022/384, reg. 3)
F12: Reg. 9(2A)(d) inserted (5.3.2015) by The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 3(4)(d)
F13: Reg. 9(2A)(e) and word inserted (6.4.2020) by The Social Security (Contributions) (Amendment) Regulations 2020 (S.I. 2020/239), regs. 1, 2(2)(c)(ii) (which amendment was extended to N.I. (6.4.2022) by S.I. 2022/384, reg. 3)
F14: Word in reg. 9(2A)(d) omitted (E.W.S.) (6.4.2025) by virtue of The Social Security (Contributions) (Amendment No. 4) Regulations 2025 (S.I. 2025/328), regs. 1, 2(2)(c)(i)
F15: Reg. 9(2A)(f) and word inserted (E.W.S.) (6.4.2025) by The Social Security (Contributions) (Amendment No. 4) Regulations 2025 (S.I. 2025/328), regs. 1, 2(2)(c)(ii)
F16: Section 151 was amended by paragraph 34 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 14) and paragraph 9 of Schedule 1 to the Transfer Act.
F17: Words in reg. 9 inserted (with effect in accordance with reg. 1(1) of the amending S.I.) by The Social Security (Contributions) (Amendment) Regulations 2003 (S.I. 2003/193), regs. 1(1), 4(2)
F18: Words in reg. 9 heading substituted (14.11.2010) by The Social Security (Contributions) (Amendment No. 5) Regulations 2010 (S.I. 2010/2450), regs. 1, 3(2)
F19: Words in reg. 9 heading substituted (5.4.2015) by The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 3(2)(a) (with reg. 9)
F20: Words in reg. 9 heading inserted (5.3.2015) by The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 3(2)(b)
F21: Words in reg. 9 heading substituted (6.4.2020) by The Social Security (Contributions) (Amendment) Regulations 2020 (S.I. 2020/239), regs. 1, 2(2)(a) (which amendment was extended to N.I. (6.4.2022) by S.I. 2022/384, reg. 3)
F22: Words in reg. 9 heading substituted (E.W.S.) (6.4.2025) by The Social Security (Contributions) (Amendment No. 4) Regulations 2025 (S.I. 2025/328), regs. 1, 2(2)(a)

Notes on the whole SI

Textual amendments

F1: See sections 3(2) and (5), 4(5) and (6), 116, 117, 118, 119 and 120 of the Social Security Contributions and Benefits Act 1992 (c. 4) (“the Act”) as amended respectively by paragraphs 3, 4, 22, 23, 24, 25 and 26 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) (“the Transfer Act”). The functions of the Department of Health and Social Services for Northern Ireland under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) and the Social Security Administration (Northern Ireland) Act 1992 (c. 8) were transferred to the Department for Social Development by Article 8(b) of and Part II of Schedule 6 to the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481).
F2: See section 176(2)(b) of the Act.