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The Social Security (Maternity Allowance) (Miscellaneous Amendments) Regulations (Northern Ireland) 2014
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- 2014 No. 140
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EXPLANATORY NOTE
(This note is not part of the Regulations)
Regulation 2(5) of the Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations (Northern Ireland) 2014 (S.R. 2014 No. 102) inserted new section 35B (state maternity allowance for participating wife or civil partner of self-employed earner) into the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the 1992 Act”). Section 35B provides an entitlement to maternity allowance for women who work with a spouse or civil partner who is engaged in self-employment. This implements Article 8 of Directive 2010/41/EU on the application of the principal of equal treatment between men and women engaged in an activity in a self-employed capacity (OJ No. L 180, 15.7.2010, p. 1) in respect of the women referred to in Article 2(b) of the Directive. Section 35 (state maternity allowance) of the 1992 Act provides for the payment of maternity allowance to women who are employed or self-employed earners.
Regulation 2(3) of these Regulations amends the Social Security (Maternity Allowance) Regulations (Northern Ireland) 1987 by substituting a new regulation 2 (disqualification for the receipt of a maternity allowance) in order to provide for disqualification from maternity allowance under section 35B.
Regulation 2(4) modifies the maternity allowance period for the purposes of maternity allowance under section 35B.
Regulations 3 and 4 of these Regulations make minor amendments to take account of the introduction of maternity allowance under section 35B.
Regulation 5 makes consequential revocations.
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, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.
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