OpenLegislation

Regulation 2 Specified payments for employed earnersI1

Northern Ireland

(1)

Subject to paragraph (2), for the purposes of section 35A(4)(a) of the Contributions and Benefits Act, the payments specified for a woman who is an employed earner in any week falling within the test period shall be all payments made to her or for her benefit as an employed earner including—

F1(za)

any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Contributions and Benefits Act,

(a)

any sum payable in respect of arrears of pay in pursuance of an order for reinstatement under Article 148 or re-engagement under Article 149 of the Employment Rights (Northern Ireland) Order 1996f1 (orders for reinstatement and re-engagement);

(b)

any sum payable by way of pay in pursuance of an order made under Article 164 of the Employment Rights (Northern Ireland) Order 1996f2 (procedure on hearing of application and making of order) for the continuation of a contract of employment;

(c)

any sum payable by way of remuneration in pursuance of a protective award under Article 217 of the Employment Rights (Northern Ireland) Order 1996 (complaint and protective award);

(d)

any sum payable by way of statutory sick pay, including sums payable in accordance with regulations made under section 147(6) of the Contributions and Benefits Actf3 (employer’s liability);

(e)

any sum payable by way of statutory maternity pay, including sums payable in accordance with regulations made under section 160(9)(b) of the Contributions and Benefits Actf4 (statutory maternity pay – entitlement and liability to pay);

F2(f)

any sum payable by way of statutory paternity pay, including any sums payable in accordance with regulations made under section 167ZD(3) of the Contributions and Benefits Act;

(g)

any sum payable by way of statutory adoption pay, including any sums payable in accordance with regulations made under section 167ZM(3) of the Contributions and Benefits Act F3;

F4(h)

any sum payable by way of statutory shared parental pay, including any sums payable in accordance with regulations made under section 167ZZ1(3) of the Contributions and Benefits Act;

F5(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.

(2)

The payments specified shall not include any sum excluded from the computation of a person’s earnings under regulation F625, 27 or 123 of, or Schedule 3 to, the Social Security (Contributions) Regulations 2001 (payments to be disregarded).

Annotations

Textual amendments

F1

Reg. 2(1)(za) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security, Occupational Pension Schemes and Statutory Payments (Consequential Provisions) Regulations 2007 (S.I. 2007/1154), regs. 1(1), 13(2)(a)

F2

Reg. 2(1)(f)(g) added (8.12.2002) by The Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2002 (S.R. 2002/359), regs. 1(1), 5

F3

Semicolon in reg. 2(1)(g) substituted (15.3.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(2), 8(a)

F4

Reg. 2(1)(h) inserted (15.3.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(2), 8(b)

F5

Reg. 2(1)(i) inserted (29.9.2023) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/157), regs. 1(1), 8(2), 34

F6

Words in reg. 2(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security, Occupational Pension Schemes and Statutory Payments (Consequential Provisions) Regulations 2007 (S.I. 2007/1154), regs. 1(1), 13(2)(b)

Commencement

I1

Reg. 2 in operation at 2.4.2000, see reg. 1(1)

Footnotes

f1

S.I. 1996/1919 (N.I. 16)

f2

Article 164 was amended by S.R. 1998 No. 386

f3

Section 147(6) was amended by paragraph 10 of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999

f4

Section 160(9) was amended by paragraph 14(2) of Schedule 1 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999