The Social Security Benefit (Computation of Earnings) (Amendment) (Northern Ireland) Regulations 2002

• Citation: S.I. 2002/2925
• Sections: 2

Section 1 Citation and commencement

These Regulations may be cited as the Social Security Benefit (Computation of Earnings) (Amendment) (Northern Ireland) Regulations 2002 and shall come into force—

(a) for the purposes of the amendments made by paragraphs (2) and (3) of regulation 2 on 8th December 2002; and

(b) for all other purposes on 1st April 2003.

Section 2 Citation and commencement

(1) Amend the Social Security Benefit (Computation of Earnings) Regulations (Northern Ireland) 1996 as follows.

(2) In regulation 2 omit the definition in paragraph (1) of “maternity leave”.

(3) In regulation 9—

(a) for sub-paragraph (j) of paragraph (1) substitute—

(j) any remuneration paid by or on behalf of an employer to the claimant in respect of a period throughout which the claimant is—

(i) on maternity leave;

(ii) on paternity leave;

(iii) on adoption leave; or

(iv) absent from work because he is ill.

(b) at the appropriate points in the alphabetical list in paragraph (4) insert the following definitions—

“adoption leave” means a period of absence from work on ordinary or additional adoption leave under Article 107A or 107B of the Employment Rights Order ;;

“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part IX of the Employment Rights Order ;and

“paternity leave” means a period of absence from work on leave under Article 112A or 112B of the Employment Rights Order .

(4) In the provisions mentioned in paragraph (5) for “invalid care allowance” substitute “carer’s allowance ”.

(5) The provisions are —

(a) regulation 7(a)(i) (date on which earnings are treated as paid);

(b) regulation 10(3) (calculation of net earnings of employed earners);

(c) regulation 13(3)(calculation of net earnings of self-employed earners); and

(d) the heading to, and paragraph 1(a) of, Schedule 3 (care charges to be deducted in the calculation of earnings for entitlement to invalid care allowance).