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Social Security Act (Northern Ireland) 2002

2002 Chapter 10

CONTENTS

Section

1.

Maternity pay period

2.

Rate of statutory maternity pay

3.

Entitlement to statutory maternity pay

4.

Rate of maternity allowance

5.

Work-focused interviews for partners

6.

Use of information for, or relating to, employment and training

7.

Amendment of the Deregulation and Contracting Out (Northern Ireland) Order 1996

8.

Minor and consequential amendments and repeals

9.

Commencement

10.

Short title and interpretation

SCHEDULES:
Schedule 1	-	Minor and consequential amendments
Schedule 2	-	Repeals

SCHEDULES

SCHEDULE 1

Section 8(1).

MINOR AND CONSEQUENTIAL AMENDMENTS

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

1. The Contributions and Benefits Act is amended as follows.

2. In section 35 (state maternity allowance)-

(a) in subsection (1), for paragraph (c) there is substituted-

"(c) her average weekly earnings (within the meaning of section 35A below) are not less than the maternity allowance threshold for the tax year in which the beginning of the period of 66 weeks mentioned in paragraph (b) above falls;";

(b) in subsection (3)(c), for "above or in section 35A(2) or (3) below" there is substituted "or (c) above"; and

(c) after subsection (6) there is inserted-

	"(6A) In this section "the maternity allowance threshold", in relation to a tax year, means (subject to subsection (6B) below) £30.
	(6B) Whenever the Secretary of State makes an order under section 35(6B) of the Great Britain Contributions and Benefits Act (increase of maternity allowance threshold), the Department may make a corresponding order for Northern Ireland.".

3. In section 35A (appropriate weekly rate of maternity allowance), for subsections (6) and (7) there is substituted-

	"(6) In this section-
	"the maternity allowance threshold" has the same meaning as in section 35 above;
	"specified" means prescribed by or determined in accordance with regulations.".

4. In section 160 (statutory maternity pay – entitlement and liability to pay), in subsection (10)(b), for "section 162(2)," there is substituted "section 162(1) and (2)".

Social Security Administration (Northern Ireland) Act 1992 (c. 8)

5. The Administration Act is amended as follows.

6. In section 2B (supplementary provisions relating to work-focused interviews)-

(a) in subsection (1), after "relevant decisions" there is inserted "made under regulations under section 2A or 2AA above";

(b) in subsection (2), for the words from "is a" to "2A above" there is substituted ", in relation to regulations under section 2A above, is a decision";

(c) after subsection (2) there is inserted-

	"(2A) For the purposes of this section a "relevant decision", in relation to regulations under section 2AA above, is a decision that-
	(a) the partner of a person entitled to a benefit has failed to comply with a requirement to take part in an interview which applied to the partner by virtue of the regulations, or
	(b) it has not been shown, within the prescribed period mentioned in section 2AA(4)(f)(ii) above, that the partner had good cause for such a failure."; and

(d) in subsections (3), (5)(a) and (9), after "section 2A" there is inserted "or 2AA".

7. In section 2C (optional work-focused interviews), in subsection (2)-

(a) for the words from "persons" (in the first place where it occurs) to the end of paragraph (b) there is substituted"-

	(a) persons making claims for or entitled to any of the benefits listed in section 2A(2) above or any prescribed benefit; and
	(b) partners of persons entitled to any of the benefits listed in section 2AA(2) above or any prescribed benefit,"; and

(b) after "section 2A" there is inserted "or 2AA".

8. In section 5A (sharing of functions as regards certain claims and information)-

(a) in subsection (2), after "social security" (in each place) there is inserted "or work"; and

(b) in subsection (6)(d), for "social security matters" there is substituted "social security or work matters" and after "war pensions" there is inserted ", or employment or training".

9. In section 166 (Assembly, etc. control of orders and regulations), in subsection (2), after paragraph (aa) there is inserted-

"(aaa) to the first regulations to be made under section 2AA above;".

Social Security (Northern Ireland) Order 1998 (NI 10)

10. In paragraph 5A of Schedule 2 to the Social Security (Northern Ireland) Order 1998 (decisions against which no appeal lies), after "section 2A" there is inserted "or 2AA".

Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11)

11. In Article 69 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (supply of information for certain purposes), in paragraph (3), after sub-paragraph (a) there is inserted-

"(aa) section 2AA of the Administration Act,".

SCHEDULE 2

Section 8(2).

REPEALS

Short Title	Extent of repeal
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7).	In section 160(2)(a), the words ", wholly or partly because of pregnancy or confinement".
The Social Security Administration (Northern Ireland) Act 1992 (c. 8).	Section 116C(8).
The Social Security (Northern Ireland) Order 1998 (NI 10).	In Schedule 6, paragraph 69.
The Welfare Reform and Pensions (Northern Ireland) Order 1999 (NI 11).	Article 50(2)(b).

Prepared 25 October 2002

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