4.—(1) Amend regulation 9 (earnings period for statutory maternity pay and statutory sick pay) as follows.
(2) In the heading to the regulation, after “statutory maternity pay” insert “, statutory paternity pay, statutory adoption pay”.
(3) For paragraph (2) substitute—
“(2) If the Board make a payment of statutory maternity pay, statutory paternity pay or statutory adoption pay(1) under regulations made under the relevant provision—
(a)that payment of statutory maternity pay, statutory paternity 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)(2),
(b)in relation to statutory paternity pay, section 171ZD(3)(3), and
(c)in relation to statutory adoption pay, section 171ZM(3)(4),
of the Act (liability to make payments of the relevant statutory pay to be that of the Board).”.
Statutory paternity pay and statutory adoption pay are payable in Great Britain under Parts 12ZA and 12ZB of the Benefits Act, inserted by sections 2 and 4 respectively of the Employment Act 2002 (c. 22), and in Northern Ireland under Parts XIIZA and XIIZB of the Northern Ireland Benefits Act, inserted by Articles 5 and 6 respectively of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)).
Section 164(9)(b) was amended by paragraph 12(2) of Schedule 1 to the Transfer Act.
Section 171ZD was inserted by section 2 of the Employment Act 2002.
Section 171ZM was inserted by section 4 of the Employment Act 2002.