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Work and Families Act (Northern Ireland) 2015

Commentary on Sections

Part 2: Shared Rights to Leave and Pay

Section 6: Exclusion or curtailment of other statutory rights to pay

Section 6 amends the SSCBA, allowing regulations to be made that will enable the reduction of a person's maternity allowance period, maternity pay period or adoption pay period subject to prescribed conditions. The purpose is to allow the individual to access the new system of shared parental leave and pay.

Subsection (2) makes relevant amendments to section 35 of the SSCBA concerning the maternity allowance period. Subsection (3) further amends section 35 to ensure that a woman is not entitled to maternity allowance in respect of a week during which she would have been entitled to statutory maternity pay had she not reduced her statutory maternity pay period.

Subsection (4) makes relevant amendments to section 161 of the SSCBA concerning the maternity pay period and subsection (6) similarly amends section 167ZN in respect of the adoption pay period.

Subsection (5) inserts provisions into section 167ZE of the SSCBA to specify that statutory paternity pay will not be payable in respect of a child where the person has been paid statutory shared parental pay or is due to be paid statutory shared parental pay for that week.

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Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

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