Regulation 2 Amendment of the Income Support RegulationsI1

Northern Ireland

(1)

The Income Support Regulations shall be amended in accordance with paragraphs (2) to (6).

(2)

In regulation 2(1) (interpretation)–

(a)

before the definition of “attendance allowance” there shall be inserted the following definition–

““adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of Article 107A or 107B of the Employment Rights (Northern Ireland) Order 1996^f1;”;

(b)

after the definition of “partner” there shall be inserted the following definition–

““paternity leave” means a period of absence from work on leave by virtue of Article 112A of 112B of the Employment Rights (Northern Ireland) Order 1996^f2;”.

(3)

In regulation 5(3A)^f3 (persons treated as engaged in remunerative work) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”.

(4)

In regulation 35(2)(b)^f4 (earnings of employed earners) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”.

(5)

In Schedule 1B^f5 (prescribed categories of person) after paragraph 14A^f6 there shall be inserted the following paragraph–

“Paternity Leave

14B

(1)

A person who is entitled to, and is taking, paternity leave 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–

(a)

he is not entitled to statutory paternity pay by virtue of Part XIIZA of the Contributions and Benefits Act^f7, or to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates;

(b)

he is entitled to working families' tax credit, disabled person’s tax credit or housing benefit on the day before that leave begins.

(3)

In this paragraph “remuneration” means payment of any kind.”.

(6)

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

(a)

in paragraph 4–

(i)

for “Part II of the Social Security (Northern Ireland) Order 1982 or statutory maternity pay under Part VI of the Order” there shall be substituted “Part XI of the Contributions and Benefits Act, statutory maternity pay under Part XII of that Act, statutory paternity pay under Part XIIZA of that Act, statutory adoption pay under Part XIIZB of that Act^f8”;

(ii)

after “unable to work due to illness or maternity” there shall be inserted “or who is taking paternity leave or adoption leave”;

(b)

in paragraph 4A^f9 for “or statutory maternity pay under Part V of the Social Security Act 1986” there shall be substituted “, statutory maternity pay under Part 12 of the Social Security Contributions and Benefits Act 1992^f10, statutory paternity pay under Part 12ZA of that Act^f11 or statutory adoption pay under Part 12ZB of that Act^f12”.

Annotations

Commencement

I1: Reg. 2 in operation at 8.12.2002, see reg. 1(1)

Footnotes

f1: S.I. 1996/1919 (N.I. 16); Articles 107A and 107B were inserted by Article 3 of the Employment (Northern Ireland) Order 2002
f2: Articles 112A and 112B were inserted by Article 4 of the Employment (Northern Ireland) Order 2002
f3: Regulation 5(3A) was inserted by regulation 4(3)(a) of S.R. 1993 No. 373
f4: Regulation 35(2)(b) was amended by regulation 4(11) of S.R. 1993 No. 373
f5: Schedule 1B was inserted by regulation 22 of and Schedule 1 to S.R. 1996 No. 199
f6: Paragraph 14A was inserted by regulation 2 of S.R. 1999 No. 500
f7: Part XIIZA was inserted by Article 5 of the Employment (Northern Ireland) Order 2002
f8: Part XIIZB was inserted by Article 6 of the Employment (Northern Ireland) Order 2002
f9: Paragraph 4A was inserted by regulation 36(a) of S.R. 1988 No. 146
f10: 1992 c. 4
f11: Part 12ZA was inserted by section 2 of the Employment Act 2002 (c. 22)
f12: Part 12ZB was inserted by section 4 of the Employment Act 2002 (c. 22)