SCHEDULES

SCHEDULE 1LEAVE AND PAY RELATED TO BIRTH OR ADOPTION: FURTHER AMENDMENTS

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

F12

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F13

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F14

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5

In section 35 (state maternity allowance), in subsection (3)(a) (power by regulations to prescribe cases in which a woman is disqualified from receiving a maternity allowance), for sub-paragraph (i) substitute—

i

during the maternity allowance period, except in prescribed cases, she does any work in employment as an employed or self-employed earner;

ia

during the maternity allowance period she fails without good cause to observe any prescribed rules of behaviour; or

I16

1

Section 161 (the maternity pay period) is amended as follows.

2

For subsections (2) and (3) substitute—

2

Subject to subsections (3) and (7), the maternity pay period shall begin with the 11th week before the expected week of confinement.

3

Cases may be prescribed in which the first day of the period is to be a prescribed day after the beginning of the 11th week before the expected week of confinement, but not later than the day immediately following the day on which she is confined.

3

In subsection (4), at the beginning insert “ Except in such cases as may be prescribed, ”.

4

After subsection (7) add—

8

In subsections (1), (4) and (6) “week” means a period of 7 days beginning with the day of the week on which the maternity pay period begins.

7

1

Section 162 (rate of statutory maternity pay) is amended as follows.

2

After subsection (1) insert—

1A

In subsection (1) “week” means any period of 7 days.

3

After subsection (3) add—

4

Where for any purpose of this Part of this Act or of regulations it is necessary to calculate the daily rate of statutory maternity pay, the amount payable by way of statutory maternity pay for any day shall be taken as one seventh of the weekly rate.

I28

1

Section 167 (interpretation of Part XII) is amended as follows.

2

In subsection (1), omit the definition of “week”.

3

After that subsection insert—

1A

In this Part, except section 161(1), (4) and (6), section 162(1) and paragraph 3(2) of Schedule 13, “week” means a period of 7 days beginning with Sunday or such other period as may be prescribed in relation to any particular case or class of case.

F29

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F210

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F211

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F212

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F213

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F214

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I315

1

Section 167ZE (rate and period of statutory paternity pay) is amended as follows.

F52

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3

After subsection (10) insert—

10A

Where for any purpose of this Part of this Act or of regulations it is necessary to calculate the daily rate of ordinary statutory paternity pay, the amount payable by way of ordinary statutory paternity pay for any day shall be taken as one seventh of the weekly rate.

F316

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F317

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F318

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F319

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I420

1

Section 167ZN (rate and period of statutory adoption pay) is amended as follows.

2

At the beginning of subsection (3) insert “ Except in such cases as may be prescribed, ”.

3

After subsection (6) insert—

6A

Where for any purpose of this Part of this Act or of regulations it is necessary to calculate the daily rate of statutory adoption pay, the amount payable by way of statutory adoption pay for any day shall be taken as one seventh of the weekly rate.

F421

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22

In Schedule 13 (relationship of statutory maternity pay with benefits and other payments etc.), in paragraph 3 (contractual remuneration), after sub-paragraph (2) insert—

2A

In sub-paragraph (2) “week” means a period of 7 days beginning with the day of the week on which the maternity pay period begins.