# The Statutory Parental Bereavement Pay (General) (No. 2) Regulations (Northern Ireland) 2023, Regulation 19: Normal weekly earnings

Extent: N.I.

(1) For the purposes of section 167ZZ17(6) (which defines normal weekly earnings for the purposes of Part 12ZD of the 1992 Act) “earnings” and “relevant period” have the meanings given in this regulation.
(2) The expression “earnings” refers to gross earnings and includes any remuneration or profit derived from a person’s employment except any amount which is—
(a) excluded from the computation of a person’s earnings under regulation 25 (payments to be disregarded) of, and Schedule 3 to, the Social Security (Contributions) Regulations 2001 or regulation 27 (payments to directors to be disregarded) of those Regulations (or would have been so excluded had they not been made under the age of 16); or
(b) a chargeable emolument under section 10A (class 1B contributions) of the 1992 Act except where, in consequence of such a chargeable emolument being excluded from earnings, a person would not be entitled to statutory parental bereavement pay (or where such a payment or amount would have been so excluded and in consequence the person would not have been entitled to statutory parental bereavement pay had they not been aged under the age of 16).
(3) The expression “earnings” includes—
(a) any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the 1992 Act;
(b) any sum payable in respect of arrears of pay in pursuance of an order for reinstatement or re-engagement under the Employment Rights (Northern Ireland) Order 1996;
(c) any sum payable by way of pay in pursuance of an order made under the Employment Rights (Northern Ireland) Order 1996 for the continuation of a contract of employment;
(d) any sum payable by way of remuneration in pursuance of a protective award under Article 217 of the Employment Rights (Northern Ireland ) Order 1996;
(e) any sum payable by way of statutory sick pay, including sums payable in accordance with regulations made under section 147(6) of the 1992 Act;
(f) any sum payable by way of statutory maternity pay;
(g) any sum payable by way of statutory paternity pay;
(h) any sum payable by way of statutory shared parental pay;
(i) any sum payable by way of statutory adoption pay;
(j) any sum payable by way of statutory parental bereavement pay.
(4) For the purposes of calculating a person’s normal weekly earnings—
(a) for the period of 8 weeks referred to in section 167ZZ9(6)(a) of the 1992 Act, the relevant period is that period of 8 weeks;
(b) for a continuous period of weeks within that period of 8 weeks that ends at the end of that period of 8 weeks, the relevant period is that continuous period of weeks.
(5) Paragraph (6) explains how to calculate a person’s normal weekly earnings for any period of days beginning immediately after the end of the period of 8 weeks referred to in section 167ZZ9(6)(a) of the 1992 Act and ending on the first day of bereavement.
(6) For the purposes of paragraph (5), a person’s normal weekly earnings are to be taken to be the earnings which in the period of days have been paid to the person or paid for the person’s benefit under the contract of service with the employer in question (which earnings will be added to any expected normal weekly earnings for the week in question to provide the person’s normal weekly earnings for that week for the purposes of section 167ZZ9(5) of the 1992 Act).
(7) For the purposes of calculating normal weekly earnings—
(a) a person shall be treated as having earned an amount in respect of any week for which earnings were due, whether or not those earnings were paid during that week or within the relevant period on the normal pay day; and
(b) where earnings are due to be paid on a normal pay day falling after the end of the relevant period but relate to work done or remuneration accrued during that period, those earnings shall be treated as earned in the relevant period.
(8) In a case where a person has no identifiable normal pay day, paragraph (7) shall have effect as if the words “day of payment” were substituted for the words “normal pay day” in each place where they occur.
(9) In any case where a person receives a back-dated pay increase which includes a sum in respect of a relevant period, normal weekly earnings shall be calculated as if such a sum was paid in that relevant period even though received after that period.
(10) In this regulation—
(a) “day of payment” means a day on which a person is paid;
(b) “normal pay day” means a day on which the terms of a person’s contract of service require the person to be paid, or the practice in that person’s employment is for that person to be paid if any payment is due to them.

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Source: https://www.legislation.gov.uk/nisr/2023/155/regulation/19 (the official version)
Page: https://openlegislation.uk/statutory-parental-bereavement-pay-general-no-2-regulations-northern-ireland-2023/regulation-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.