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The Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations (Northern Ireland) 2006

S.R. 2006/374 · Made 15 September 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

employment

work and families

Made 15th September 2006

Coming into operation 1st October 2006

The Department for Employment and Learning makes the following regulations in exercise of the powers conferred by sections 167ZE(10A)f1, 167ZJ(8), 167ZN(2)f2, (3)f3 and (6A)f4, 167ZS(8) and 171(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f5 and section 5(1)(m) of the Social Security Administration (Northern Ireland) Act 1992f6.

This Statutory Rule contains only regulations made by virtue of, or consequential upon, the Work and Families (Northern Ireland) Order 2006 and is made before the end of the period of 6 months beginning with the coming into operation of that provisionf7.

Annotations to the whole text

Footnotes

f1

Paragraph (10A) was inserted by paragraph 15(3) of Schedule 1 to the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)) (“the 2006 Order”)

f2

Section 167ZN(2) was amended by Article 4 of the 2006 Order

f3

Section 167ZN(3) was amended by paragraph 20(2) of Schedule 1 to the 2006 Order

f4

Section 167ZN(6A) was inserted by paragraph 20(3) of Schedule 1 to the 2006 Order

f5

1992 (c. 7). Parts XIIZA and XIIZB were inserted by Articles 5 and 6 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)) (“the 2002 Order”)

f6

1992 (c. 8). Section 5 was amended by paragraph 2(1) of Schedule 2 to the 2002 Order and paragraph 23 of Schedule 1 to the 2006 Order

f7

See Section 150(5) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Application
  4. 4Amendments to the General Regulations
  5. 5Amendments to the General Regulations
  6. 6Amendments to the General Regulations
  7. 7Amendments to the General Regulations
  8. 8Amendment to the Weekly Rates Regulations
  9. 9Amendment to the Weekly Rates Regulations
  10. Signature
  11. Explanatory note

1Citation, commencement and interpretation

These Regulations may be cited as the Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations (Northern Ireland) 2006 and shall come into operation on 1st October 2006.

2Citation, commencement and interpretation

In these Regulations—

  • “the General Regulations” means the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002f1;

  • “the Weekly Rates Regulations” means the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations (Northern Ireland) 2002f2.

3Application

The amendments to the General Regulations and the Weekly Rates Regulations provided for by regulations 4, 5, 6, 8 and 9 apply in relation to an entitlement to—

(1)

statutory paternity pay (birth) in respect of children whose expected week of birth begins on or after 1st April 2007;

(2)

statutory paternity pay (adoption) and statutory adoption pay in respect of children expected to be placed for adoption, where the placement is expected to occur on or after 1st April 2007.

4Amendments to the General Regulations

The General Regulations shall be amended as follows.

5Amendments to the General Regulations

In regulation 21 (adoption pay period), in paragraph (5), for “26” substitute “39”.

6Amendments to the General Regulations

After regulation 27 (cases where there is no liability to pay statutory adoption pay) insert—

“Working for not more than 10 days during an adoption pay period

27A.

In the case where an employee does any work under a contract of service with his employer on any day for not more than 10 such days during his adoption pay period, whether consecutive or not, statutory adoption pay shall continue to be payable to the employee by the employer.”

7Amendments to the General Regulations

In regulation 40 (normal weekly earnings), in paragraph (4), for “paragraph (2)” substitute “paragraph (3)”.

8Amendment to the Weekly Rates Regulations

The Weekly Rates Regulations shall be amended as follows.

9Amendment to the Weekly Rates Regulations

For regulation 4 (rounding of fractional amounts) substitute—

“4.

Where any payment of—

(1)

statutory paternity pay is made on the basis of a calculation at—

(a)

the weekly rate specified in regulation 2(b); or

(b)

the daily rate of one seventh of the weekly rate specified in regulation 2(a) or (b); or

(2)

statutory adoption pay is made on the basis of a calculation at—

(a)

the weekly rate specified in regulation 3(b); or

(b)

the daily rate of one seventh of the weekly rate specified in regulation 3(a) or (b),

and that amount includes a fraction of a penny, the payment shall be rounded up to the next whole number of pence.”

Signature

Sealed with the Official Seal of the Department for Employment and Learning on 15th September 2006.

L.S.

D. S. S. McAuley

A senior officer of the

Department for Employment and Learning

Explanatory note

(This note is not part of the Regulations)

This Statutory Rule contains only regulations made by virtue of, or consequential upon, the coming into operation of the Work and Families (Northern Ireland) Order 2006. The Statutory Rule is made before the end of the period of 6 months beginning with the coming into operation of those provisions. The regulations are therefore exempted by section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 from the requirement under section 149 of that Act to refer proposals to make the regulations to the Social Security Advisory Committee; consequently they are made without reference to the Committee.

These Regulations amend the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 378) (“the General Regulations”) and the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations (Northern Ireland) 2002 (S.R. 2002 No. 380) (“the Weekly Rates Regulations”).

Regulation 5 amends Regulation 21 of the General Regulations and establishes that the adoption pay period is a continuous period of 39 weeks.

Regulation 6 inserts a new Regulation 27A into the General Regulations, providing that statutory adoption pay shall continue to be paid where an employee works for his employer for not more than 10 days within the adoption pay period.

Regulation 7 contains a technical amendment to Regulation 40 of the General Regulations.

Regulation 9 substitutes a new Regulation 4 into the Weekly Rates Regulations, and allows for payments of statutory paternity pay and statutory adoption pay for a week or part of a week to be rounded up to the next penny.