Social Security Contributions and Benefits (Northern Ireland) Act 1992

[F1 167ZZ9 Entitlement U.K.

(1) A person who satisfies the conditions in subsection (2) is entitled in accordance with the following provisions of this Part to payments to be known as “statutory parental bereavement pay”.

(2) The conditions are—

(a) that the person is a bereaved parent,

(b) that the person is in employed earner’s employment with an employer on the day on which the child dies, and

(c) that the weekly earnings threshold is met (see subsection (5)).

(3) For the purposes of subsection (2) an employee is a “bereaved parent” if the employee satisfies prescribed conditions as to relationship with a child who has died.

(4) The conditions prescribed under subsection (3) may be framed, in whole or in part, by reference to the employee’s care of the child before the child’s death.

(5) The weekly earnings threshold is met if the person’s normal weekly earnings for any continuous period of 8 weeks falling within the relevant window is not less than the lower earnings limit in force under section 5(1)(a) at the end of the relevant week.

(6) In subsection (5), the “relevant window” is the period consisting of—

(a) the 8 weeks ending with the relevant week, and

(b) the 8 weeks immediately following that week.

(7) The reference in subsection (5) to a person’s normal weekly earnings is, in relation to any period after the date on which the child dies, a reference to the person’s expected normal weekly earnings for that period.

(8) Section 167ZZ17(9) provides for the calculation of a person’s expected normal weekly earnings.

(9) In this section “relevant week” means the week immediately before the one in which the child dies.

(10) Where a person satisfies the conditions in subsection (2) as a result of the death of more than one child, the person is entitled to statutory parental bereavement pay in respect of each child.]

Textual Amendments

F1 Pt. 12ZD inserted (22.3.2022) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), ss. 2, 5(1)

Modifications etc. (not altering text)

C1 S. 167ZZ9 modified (temp.) (22.3.2022 with effect in accordance with s. 3(1)(2) of the amending Act) by Parental Bereavement (Leave and Pay) Act (Northern Ireland) 2022 (c. 5), ss. 3(3)-(5), 5(1)

C2 Pt. 12ZD excluded (6.4.2022) by The Statutory Parental Bereavement Pay (General) Regulations (Northern Ireland) 2022 (S.R. 2022/167), regs. 1, 11(5)

C3 S. 167ZZ9 modified (6.4.2022) by The Statutory Parental Bereavement Pay (General) Regulations (Northern Ireland) 2022 (S.R. 2022/167), regs. 1, 12(1)

C4 Pt. 12ZD modified (6.4.2022) by The Statutory Parental Bereavement Pay (General) Regulations (Northern Ireland) 2022 (S.R. 2022/167), regs. 1, 11(4)

C5 Pt. 12ZD modified (6.4.2022) by The Statutory Parental Bereavement Pay (General) Regulations (Northern Ireland) 2022 (S.R. 2022/167), regs. 1, 18(1)

C6 S. 167ZZ9 applied (6.4.2022) by The Statutory Parental Bereavement Pay (General) Regulations (Northern Ireland) 2022 (S.R. 2022/167), regs. 1, 17(b)

C7 S. 167ZZ9 modified (6.4.2022) by The Statutory Parental Bereavement Pay (General) Regulations (Northern Ireland) 2022 (S.R. 2022/167), regs. 1, 16(1)