- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Shared Parental Leave Regulations (Northern Ireland) 2015,
PART 4
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
35.—(1) For the purposes of entitlement to shared parental leave (see regulations 4, 5, 20 and 21), an employee satisfies the continuity of employment test if the employee—
(a)has been continuously employed with an employer for a period of not less than 26 weeks ending with the relevant week (see paragraph (3)); and
(b)remains in continuous employment with that employer until the week before any period of shared parental leave taken by the employee.
(2) Where Part 2 applies and C is born earlier than the relevant week and an employee would have satisfied the condition in sub-paragraph (a) of paragraph (1) if the employee's employment had continued until the end of the week immediately preceding that week, the employee must be treated as having satisfied that condition.
(3) In this regulation—
“relevant week” means—
where Part 2 applies, the week immediately preceding the 14th week before the expected week of birth;
where Part 3 applies, the week in which A was notified of having been matched for adoption with C.
36.—(1) An individual satisfies the employment and earnings test if that individual—
(a)has been engaged in employment as an employed or self-employed earner for any part of the week in the case of at least 26 of the 66 weeks immediately preceding the calculation week; and
(b)has average weekly earnings (determined in accordance with paragraph (2)) of not less than the amount set out in section 35(6A) of the 1992 Act M1 in relation to the tax year preceding the tax year containing the calculation week.
(2) An individual's average weekly earnings are determined by dividing by 13 the specified payments made, or treated as being made, to or for the benefit of that individual, in the 13 weeks (whether or not consecutive) in the period of 66 weeks immediately preceding the calculation week in which the payments are greatest.
(3) Where an individual receives any pay after the end of the period in paragraph (2) in respect of any week falling within that period, the average weekly amount is to be determined as if such sum had been paid in that period.
(4) Where an individual is not paid weekly, the payments made, or treated as made, to or for the benefit of that individual or for that individual's benefit for the purposes of paragraph (2), must be determined by dividing the total sum paid to that individual by the nearest whole number of weeks in respect of which that sum is paid.
(5) In this regulation—
“calculation week” means—
where Part 2 applies, the expected week of birth;
where Part 3 applies, the week in which A was notified of having been matched for adoption with C;
“employed earner” has the meaning given by section 2 of the 1992 Act M2, subject for these purposes to the effect of regulations made under section 2(2)(b) of that Act;
“self-employed earner” has the meaning given by section 2 of the 1992 Act, subject for these purposes to the effect of regulations made under section 2(2)(b) of that Act;
“specified payments”—
in relation to a self-employed earner who satisfies the conditions in paragraph (6), are to be (a)treated as made to the self-employed earner at an amount per week equal to the amount set out in section 35(6A) of the 1992 Act that is in force at the end of the week;
in relation to an employed earner, are all payments made to the employed earner or for the employed earner's benefit as an employed earner specified in regulation 2 (specified payments for employed earners) of the Social Security (Maternity Allowance) (Earnings) Regulations 2000 M3; and
“tax year” means the 12 months beginning with the 6th April in any year.
(6) The conditions referred to in paragraph (a) of the definition of “specified payments” are that, in respect of any week, the self-employed earner—
(a)does not hold a certificate of exception issued pursuant to regulation 44(1) of the Social Security (Contributions) Regulations 2001 M4 and has paid a Class 2 contribution (within the meaning of section 1 of the 1992 Act), or
(b)holds such a certificate of exception.
Marginal Citations
M1Section 35(6A) was inserted by the Social Security Act (Northern Ireland) 2002 (c. 10), Schedule 1, paragraph 2(c).
M2Section 2 was amended by the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6(2), paragraph 171.
M3S.I. 2000/688, amended by S.I. 2007/1154.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: