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9.—(1) In this regulation the expression “week”—
(a)in paragraph (2)(a); and
(b)in paragraph (2)(b) where it first occurs,
has the same meaning as in section 171(1) of the Act.
[F5(2) If the Board make a payment of statutory maternity pay, [F6[F7statutory paternity pay][F8, statutory shared parental pay]] or statutory adoption pay under regulations made under the relevant provision—
(a)that payment of statutory maternity pay, [F9[F7statutory paternity pay][F8, statutory shared parental pay]] or statutory adoption pay (as the case may be) shall not be aggregated with any other earnings; and
(b)the earnings period in respect of that payment for any week shall be a week.
(2A) In paragraph (2) “the relevant provision” means—
(a)in relation to statutory maternity pay, section 164(9)(b),
(b)[F10in relation to F11... statutory paternity pay, section 171ZD(3),
F12(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(c)in relation to statutory adoption pay, section 171ZM(3), [F13and]
[F13(d)in relation to statutory shared parental pay, section 171ZX(3),]
of the Act (liability to make payments of the relevant statutory pay to be that of the Board).]
(3) If the Board make a payment of statutory sick pay under regulations made under section 151(6) F14 of the Act (circumstances in which the Board are liable to pay statutory sick pay), the earnings period for that payment shall be—
(a)a period of the same length as the period in respect of which the payment is made, or
(b)a week,
whichever is the longer.
Textual Amendments
F1Words in reg. 9 inserted (with effect in accordance with reg. 1(1) of the amending S.I.) by The Social Security (Contributions) (Amendment) Regulations 2003 (S.I. 2003/193), regs. 1(1), 4(2)
F2Words in reg. 9 heading substituted (14.11.2010) by The Social Security (Contributions) (Amendment No. 5) Regulations 2010 (S.I. 2010/2450), regs. 1, 3(2)
F3Words in reg. 9 heading substituted (5.4.2015) by The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 3(2)(a) (with reg. 9)
F4Words in reg. 9 heading inserted (5.3.2015) by The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 3(2)(b)
F5Reg. 9(2)-(2A) substituted for reg. 9(2) (with effect in accordance with reg. 1(1) of the amending S.I.) by The Social Security (Contributions) (Amendment) Regulations 2003 (S.I. 2003/193), regs. 1(1), 4(3)
F6Words in reg. 9(2) substituted (14.11.2010) by The Social Security (Contributions) (Amendment No. 5) Regulations 2010 (S.I. 2010/2450), regs. 1, 3(3)
F7Words in reg. 9(2) substituted (5.4.2015) by The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 3(3)(a) (with reg. 9)
F8Words in reg. 9(2) inserted (5.3.2015) by The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 3(3)(b)
F9Words in reg. 9(2)(a) substituted (14.11.2010) by The Social Security (Contributions) (Amendment No. 5) Regulations 2010 (S.I. 2010/2450), regs. 1, 3(3)
F10Reg. 9(2A)(b)(ba) substituted for reg. 9(2A)(b) (14.11.2010) by The Social Security (Contributions) (Amendment No. 5) Regulations 2010 (S.I. 2010/2450), regs. 1, 3(4)
F11Word in reg. 9(2A)(b) omitted (5.4.2015) by virtue of The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 3(4)(a) (with reg. 9)
F12Reg. 9(2A)(ba) omitted (5.4.2015) by virtue of The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 3(4)(b) (with reg. 9)
F13Reg. 9(2A)(d) and word inserted (5.3.2015) by The Social Security and Tax Credits (Miscellaneous Amendments) Regulations 2015 (S.I. 2015/175), reg. 2(2)(3), 3(4)(d)
F14Section 151 was amended by paragraph 34 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 14) and paragraph 9 of Schedule 1 to the Transfer Act.
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