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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations.)

These Regulations amend the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 (“the 1987 Regulations”).

Regulation 2(2) amends regulation 1 of the 1987 Regulations by inserting a definition of statutory maternity leave.

Regulation 2(3) amends regulation 21 of the 1987 Regulations to include in normal weekly earnings for the purpose of calculating entitlement to statutory maternity pay any pay increase which applies to the whole or any part of the period between the beginning of the period when pay is calculated to determine entitlement to statutory maternity pay and the end of the period of statutory maternity leave.

Regulation 2(4) substitutes regulation 21B of the 1987 Regulations. The substituted regulation provides that where a woman who is entitled to statutory maternity pay in consequence of a pay increase referred to in regulation 21(7) of the 1987 Regulations, the employer shall only make payments of statutory maternity pay in any week if, and to the extent that, her statutory maternity pay exceeds any maternity allowance received by her.

Regulation 3 makes consequential revocations.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

An assessment of the cost to business of these Regulations is detailed in a Regulatory Impact Assessment, copies of which have been laid in the Business Office and the Library of the Northern Ireland Assembly. Copies of the Assessment are available from the Department for Social Development, Social Security Policy and Legislation Division, Room 5, Block 5, Stormont Estate, Upper Newtownards Road, Belfast BT4 3SJ.