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The Maternity Allowance and Statutory Maternity Pay (Normal Weekly Earnings etc.) (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 and the Social Security (Maternity Allowance) (Earnings) Regulations (Northern Ireland) 2000.

The amendments in regulation 3 apply for calculating a person’s normal weekly earnings for the purposes of determining entitlement to, and rate of payment of, statutory maternity pay. The amendments in regulation 4 apply for calculating the average weekly amount of specified payments made to a woman for the purpose of determining entitlement to, and rate of payment of, a maternity allowance. Regulation 2 provides that these amendments are to apply where the first day of the period in respect of which payment of any of the benefits is to be made is on or after the day on which these Regulations come into operation.

The amendments apply where a person is a furloughed employee for the purposes of the Coronavirus Job Retention Scheme which is set out in the Schedule to the Coronavirus Act 2020 Functions of Her Majesty’s Revenue and Customs (Coronavirus Job Retention Scheme) Direction made on 15th April 2020(1). The claimant’s normal weekly earnings for the purpose of determining entitlement to, or the amount of, statutory maternity pay (or in the case of maternity allowance, the average amount of the specified payment for determining entitlement to, or the amount of, that allowance) are to be calculated as if the person had not been a furloughed employee for all or part of the relevant period.

Hard copies of the Coronavirus Job Retention Scheme can be obtained from CJRS Policy, 3C/15 100 Parliament Street, Westminster, London SW1A 2BQ.

No regulatory impact assessment has been produced for these Regulations in view of the urgency required to provide additional financial support to those unable to work as a result of coronavirus.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

(1)

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachmentdata/file/879484/200414CJRSDIRECTION-33 FINALSigned.pdf.

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