The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2015

Regulation 11

SCHEDULE 2 N.I. Adoptions from overseas

Interpretation N.I.

1.  In this Schedule “ the Application Regulations” means the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Adoptions from Overseas) Regulations (Northern Ireland) 2003 M1 .

Marginal Citations

M1 S.R. 2003 No. 221, as amended for relevant purposes by S.R. 2015 No. 88.

Application to adoptions from overseas N.I.

2.—(1) The provisions of these Regulations, in so far as they apply to statutory shared parental pay (adoption), apply to adoptions from overseas with the modifications set out in paragraphs 3 to 6 and subject to sub-paragraph (2).

(2) Any references in these Regulations to the provisions of Part 12ZC of the Act must be construed as references to the provisions of Part 12ZC as modified by the Application Regulations.

Modifications of the Regulations for the purposes of adoptions from overseas N.I.

3.  The Regulations are modified as follows.

4.—(1) Regulation 2 (interpretation) is modified as follows. N.I.

(2) In paragraph (1)—

(a) for the definition of “adopter” substitute—

““adopter”, in relation to a child, means the person by whom a child has been or is to be adopted;”;

(b) for the definition of “statutory shared parental pay (adoption)” substitute—

““statutory shared parental pay (adoption)” means statutory shared parental pay payable where entitlement to that pay arises under regulation 17 or 18 of the General Regulations as modified by the Statutory Shared Parental Pay (Adoption from Overseas) Regulations (Northern Ireland) 2015 M2 ;”;

(c) insert the following definitions in the appropriate places alphabetically—

““enter Northern Ireland” means enter Northern Ireland from outside the United Kingdom in connection with or for the purposes of adoption;”;

““official notification” means written notification, issued by or on behalf of the relevant central authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or that it has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt, and has been assessed and approved as being a suitable adoptive parent;”;

““relevant central authority” means—

(a)

in the case of an adopter to whom the Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003 M3 apply, the Department of Health, Social Services and Public Safety; and

(b)

in any other case, the Secretary of State;”.

Marginal Citations

M2 S.R. 2015 No. 99.

M3 S.R. 2003 No. 16, to which there are amendments not relevant to these Regulations.

5.  In Regulation 3 (application), for paragraph (b) substitute— N.I.

“(b) statutory shared parental pay (adoption) in respect of children who enter Northern Ireland on or after 5th April 2015.”.

6.—(1) In regulation 7 (entitlement to shared parental pay where person has worked in an EEA State), for paragraph (2) substitute— N.I.

“(2) A person who—

(a) is an employee or treated as an employee under regulation 5;

(b) in the week in which the adopter received the official notification was in employed earner's employment with an employer in Northern Ireland; and

(c) had in any week within the period of 26 weeks immediately preceding that week been employed by the same employer in [F1 an] EEA State,

shall be treated for the purposes of sections 167ZW and 167ZX of the Act (entitlement to shared parental pay: adoption) as modified by the Application Regulations as having been employed in employed earner's employment in those weeks in which the person was so employed in [F2 the EEA] State.”.

Textual Amendments

F1 Word in Sch. 2 para. 6(1) substituted (31.12.2020) by The Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/537), reg. 1(1), Sch. para. 8(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Sch. 2 para. 6(1) substituted (31.12.2020) by The Employment Rights (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/537), reg. 1(1), Sch. para. 8(4)(b); 2020 c. 1, Sch. 5 para. 1(1)