2010 No. 305

Employment

The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations (Northern Ireland) 2003 (Amendment) Regulations (Northern Ireland) 2010

Made

Coming into operation

The Department for Employment and Learning, in exercise of the power conferred by section 167ZK of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, makes the following Regulations.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations (Northern Ireland) 2003 (Amendment) Regulations (Northern Ireland) 2010, and come into operation on 3rd October 2010.

2

In these Regulations—

  • the Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992; and

  • “the Principal Regulations” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations (Northern Ireland) 20032.

Amendment of the Principal Regulations2

1

The Principal Regulations shall be amended as follows.

2

In regulation 2 (application of Part 12ZA of the Act to adoptions from overseas)—

a

after “Part 12ZA of the Act”, insert “(as it concerns both ordinary statutory paternity pay and additional statutory paternity pay)”; and

b

after “167ZE”, insert “, 167ZEB, 167ZEE”.

3

In Schedule 1 (application of Part 12ZA of the Act to adoptions from overseas), after the entry relating to section 167ZE(10) of the Act, insert the following entries—

Section 167ZEB(2)

In paragraph (a)(i), for “who has been placed for adoption under the law of any part of the United Kingdom”, substitute “who has been adopted from overseas”.

In paragraph (a)(ii), for “a person with whom the child is so placed for adoption”, substitute “an adopter of the child”.

In paragraph (b), for “ending with a prescribed week”, substitute “prior to the date of the child’s entry into Northern Ireland”.

In paragraph (b), for “ending with a prescribed week”, substitute “prior to the date of the child’s entry into Northern Ireland”.

In paragraph (e), for “the placement of the child for adoption”, substitute “the adoption of the child from overseas”.

In paragraph (g)(i) for “the placement of the child for adoption”, substitute “the date of the child’s entry into Northern Ireland”.

Section 167ZEB(5)

For “the placement for adoption of more than one child as part of the same arrangement”, substitute “the adoption from overseas of more than one child as part of the same arrangement”.

Section 167ZEE(3)

For “the person with whom the child is placed for adoption”, substitute “adopter”.

Section 167ZEE(4)

In paragraph (c)(ii), for “person with whom the child is placed for adoption”, substitute “adopter”.

Section 167ZEE(5)

For paragraph (b), substitute—

b

in the case of a person to whom the conditions in section 167ZEB(2) apply, the date of the child’s entry into Northern Ireland (or, where more than one child is subject to adoption from overseas as part of the same arrangement, the date of the entry of the first child to enter Northern Ireland).

Sealed with the Official Seal of the Department for Employment and Learning on 9th September 2010.

seal_r00001Sir Reg EmpeyMinister for Employment and Learning
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the application of the provisions of Part 12ZA of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) concerning additional statutory paternity pay, as modified by these Regulations, to adoptions from overseas. Adoptions from overseas are adoptions of children who enter Northern Ireland from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of a child for adoption under the law of any part of the United Kingdom.

A full impact assessment has not been produced for this Statutory Rule as a negligible impact on the private or voluntary sectors is foreseen.