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The Statutory Maternity Pay (General) (Modification and Amendment) Regulations (Northern Ireland) 2000

S.R. 2000/324 · Made 26 October 2000 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 24 November 2002.

SOCIAL SECURITY

STATUTORY MATERNITY PAY

Made 26th October 2000

Coming into operation 17th November 2000

The Department for Social Development, in exercise of the powers conferred by sections 160(4), (9)(e) and (10), 161(1) and (3) and 171(1) to (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, and now vested in itf2, and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 7; sections 160(10) and 161(3) were amended by regulation 6(1) and 3(2) respectively of S.R. 1994 No. 176 and section 171(2) was amended by paragraph 28(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

f2

See Article 8(b) of S.R. 1999 No. 481

Contents

  1. 1Citation, commencement and interpretation
  2. 2Modification of section 160(2)(a) of the Contributions and Benefits Act
  3. 3Amendment of the Statutory Maternity Pay Regulations Repealed
  4. 4Transitional provision
  5. 5Revocation
  6. Signature
  7. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Statutory Maternity Pay (General) (Modification and Amendment) Regulations (Northern Ireland) 2000 and shall come into operation on 17th November 2000.

(2)

In these Regulations—

  • “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

  • “the Statutory Maternity Pay Regulations” means the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987f1.

(3)

The Interpretation Act (Northern Ireland) 1954f2 shall apply to these Regulations as it applies to an Act of the Assembly.

2Modification of section 160(2)(a) of the Contributions and Benefits ActI1

Subject to regulation 4, in relation to a woman who is dismissed, or whose employment is otherwise terminated without her consent, after the beginning of the week immediately preceding the 14th week before the expected week of confinement, section 160(2)(a) of the Contributions and Benefits Act (conditions of entitlement to statutory maternity pay) shall have effect with the ommission of the words “, wholly or partly because of pregnancy or confinement”.

3Amendment of the Statutory Maternity Pay RegulationsF1

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

4Transitional provisionI1

In relation to a woman whose expected week of confinement begins before 4th March 2001, the Contributions and Benefits Act and the Statutory Maternity Pay Regulations shall have effect as if these Regulations had not been made.

5RevocationI1

Regulation 2(2)(a)(i) of the Social Security Maternity Benefits, Statutory Maternity Pay and Statutory Sick Pay (Amendment) Regulations (Northern Ireland) 1994f1 is hereby revoked.

Signature

Sealed with the Official Seal of the Department for Social Development on 26th October 2000.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory note

(This note is not part of the Regulations.)

These Regulations modify the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the Act”) as it relates to the conditions of entitlement to statutory maternity pay and further amend the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 (“the Statutory Maternity Pay Regulations”).

Regulation 2 modifies section 160(2)(a) of the Act in relation to certain women who are dismissed or whose employment is otherwise terminated without consent.

Regulation 3 amends regulation 2 of the Statutory Maternity Pay Regulations, in relation to women who are dismissed or whose employment is otherwise terminated without consent, to prescribe the first week of the maternity pay period, and makes consequential amendments. It also amends regulation 23 of the Statutory Maternity Pay Regulations to provide that section 160(4) of the Act (which requires a woman to give notice that she is going to be absent from work wholly or partly because of pregnancy) shall not apply.

Regulation 4 provides that the provisions of regulations 2 and 3 shall not apply to women whose expected date of confinement falls before 4th March 2001.

Regulation 5 contains a consequential revocation.

These Regulations correspond to provision contained in Regulations made by the Secretary of State for Social Security 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.

Copies of the Regulatory Impact Assessment in respect of these Regulations may be obtained, free of charge, from Social Security Policy and Legislation Division, Room D3, Castle Buildings, Stormont, Belfast BT4 3SQ.