[F1167ZN Rate and period of payN.I.
(1)Statutory adoption pay shall be payable at such fixed or earnings-related weekly rate as the Department may prescribe by regulations, which may prescribe different kinds of rate for different cases.
(2)Statutory adoption pay shall be payable, subject to the provisions of this Part of this Act, in respect of each week during a prescribed period (“the adoption pay period”) of a duration not exceeding [F252 weeks].
(3)[F3Except in such cases as may be prescribed,] a person shall not be liable to pay statutory adoption pay to another in respect of any week during any part of which the other works under a contract of service with him.
(4)It is immaterial for the purposes of subsection (3) above whether the work referred to in that subsection is work under a contract of service which existed immediately before the adoption pay period or a contract of service which did not so exist.
(5)Except in such cases as may be prescribed statutory adoption pay shall not be payable to a person in respect of any week during any part of which he works for any employer who is not liable to pay him statutory adoption pay.
(6)The Department may by regulations specify circumstances in which there is to be no liability to pay statutory adoption pay in respect of a week.
[F4(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.]
(7)In subsection (2) above, “week” means any period of seven days.
(8)In subsections (3), (5) and (6) above, “week” means a period of seven days beginning with the day of the week on which the adoption pay period begins.]
Textual Amendments
F1Pt. XIIZB (ss. 167ZL-167ZT) inserted (8.12.2002) by The Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)), arts. 1(2), 6; S.R. 2002/356, art. 2(2), Sch. 1 Pt. II
F2Words in s. 167ZN(2) substituted (1.9.2006) by The Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947), arts. 1(3), 4; S.R. 2006/344, art. 2(a)
F3Words in s. 167ZN(3) inserted (1.9.2006 for specified purposes, 1.10.2006 in so far as not already in force) by The Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947), art. 1(3), Sch. 1 para. 20(2); S.R. 2006/344, arts. 2(d), 3(b)
F4S. 167ZN(6A) inserted (1.9.2006 for specified purposes, 1.10.2006 in so far as not already in force) by The Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947), art. 1(3), Sch. 1 para. 20(3); S.R. 2006/344, arts. 2(d), 3(b)