The Work and Families (Northern Ireland) Order 2006

Document Number:2006 No. 1947 (N.I. 16)
 
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Statutory Instruments

NORTHERN IRELAND

Made

19 th July 2006

Laid

26 th July 2006

Coming into operation in accordance with Article 1(2) and (3)

At the Court at Buckingham Palace, the 19 th day of July 2006

Present,

The Queen’s Most Excellent Majesty in Council

Whereas this Order in Council is made only for purposes corresponding to the purposes of the Work and Families Act 2006 (c. 18):

Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (as modified by section 17 of the said Act of 2006) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:–

Introduction

Title and commencement

  1. —(1) This Order may be cited as the Work and Families (Northern Ireland) Order 2006.

    (2) This Article and Article 2 shall come into operation on the expiration of 7 days from the day on which this Order is made.

    (3) The remaining provisions of this Order shall come into operation on such day or days as the Department may by order appoint.

    (4) An order under paragraph (3) may include supplementary, incidental, saving or transitional provisions.

    Interpretation

  2. —(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

    (2) In this Order—

    “the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992 (c. 8);

    “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7);

    “the Department” means the Department for Employment and Learning;

    “the Employment Rights Order” means the Employment Rights (Northern Ireland) Order 1996 (NI 16);

    “statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954.

    Extension of maternity pay period and adoption pay period

    Maternity pay period

  3. In section 161(1) of the Contributions and Benefits Act (which specifies the maximum period that may be prescribed as the period for which statutory maternity pay and, by virtue of section 35(2) of that Act, maternity allowance, are payable) , for “26 weeks” substitute “52 weeks”.

    Adoption pay period

  4. In section 167 ZN(2) of the Contributions and Benefits Act (which specifies the maximum period that may be prescribed as the period for which statutory adoption pay is payable) , for “26 weeks” substitute “52 weeks”.

    Additional paternity leave and pay

    Additional paternity leave: birth

  5. In Part IX of the Employment Rights Order (which makes provision for leave for family reasons) , after Article 112 A insert—

    “Entitlement to additional paternity leave: birth

    112 AA.—(1) The Department may make regulations entitling an employee who satisfies specified conditions—

    (a) as to duration of employment,

    (b) as to relationship with a child, and

    (c) as to relationship with the child’s mother,

    to be absent from work on leave under this Article for the purpose of caring for the child, at a time when the child’s mother satisfies any conditions prescribed under paragraph (2).

    (2) The conditions that may be prescribed under this paragraph are conditions relating to any one or more of the following—

    (a) any employment or self-employment of the child’s mother;

    (b) her entitlement (or lack of entitlement) to leave under this Part or to statutory maternity pay or maternity allowance;

    (c) whether, and to what extent, she is exercising or has exercised any such entitlement.

    (3) Any regulations under this Article shall include provision for determining—

    (a) the extent of an employee’s entitlement to leave under this Article in respect of a child;

    (b) when leave under this Article may be taken.

    (4) Provision under paragraph (3)(a) shall secure that an employee is not entitled to more than 26 weeks' leave in respect of a child.

    (5) Provision under paragraph (3)(b) shall secure that leave under this Article—

    (a) may not be taken before the end of a specified period beginning with the date of the child’s birth, but

    (b) must be taken before the end of the period of twelve months beginning with that date.

    (6) Paragraphs (4) and (5)(a) do not limit the provision that may be made under paragraph (3) in relation to cases where the child’s mother has died before the end of the period mentioned in paragraph (5)(b).

    (7) Regulations under paragraph (1) may—

    (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child;

    (b) make provision excluding the right to be absent on leave under this Article in respect of a child where more than one child is born as a result of the same pregnancy;

    (c) specify a minimum period which may be taken as leave under this Article;

    (d) make provision about how leave under this Article may be taken;

    (e) specify circumstances in which an employee may work for his employer during a period of leave under this Article without bringing the period of leave to an end.

    (8) Where more than one child is born as a result of the same pregnancy, the reference in paragraph (5) to the date of the child’s birth shall be read as a reference to the date of birth of the first child born as a result of the pregnancy.

    (9) In this Article “week” means any period of seven days.”.

    Additional paternity leave: adoption

  6. After Article 112 B of the Employment Rights Order insert—

    “Entitlement to additional paternity leave: adoption

    112 BB.—(1) The Department may make regulations entitling an employee who satisfies specified conditions—

    (a) as to duration of employment,

    (b) as to relationship with a child placed for adoption under the law of any part of the United Kingdom, and

    (c) as to relationship with a person with whom the child is so placed for adoption (“the adopter”) ,

    to be absent from work on leave under this Article for the purpose of caring for the child, at a time when the adopter satisfies any conditions prescribed under paragraph (2).

    (2) The conditions that may be prescribed under this paragraph are conditions relating to any one or more of the following—

    (a) any employment or self-employment of the adopter;

    (b) the adopter’s entitlement (or lack of entitlement) to leave under this Part or to statutory adoption pay;

    (c) whether, and to what extent, the adopter is exercising or has exercised any such entitlement.

    (3) Any regulations under this Article shall include provision for determining—

    (a) the extent of an employee’s entitlement to leave under this Article in respect of a child;

    (b) when leave under this Article may be taken.

    (4) Provision under paragraph (3)(a) shall secure that an employee is not entitled to more than 26 weeks' leave in respect of a child.

    (5) Provision under paragraph (3)(b) shall secure that leave under this Article—

    (a) may not be taken before the end of a specified period beginning with the date of the child’s placement for adoption, but

    (b) must be taken before the end of the period of twelve months beginning with that date.

    (6) Paragraphs (4) and (5)(a) do not limit the provision that may be made under paragraph (3) in relation to cases where the adopter has died before the end of the period mentioned in paragraph (5)(b).

    (7) Regulations under paragraph (1) may—

    (a) specify things which are, or are not, to be taken as done for the purpose of caring for a child;

    (b) make provision excluding the right to be absent on leave under this Article in the case of an employee who exercises a right to be absent from work on adoption leave;

    (c) make provision excluding the right to be absent on leave under this Article in respect of a child where more than one child is placed for adoption as part of the same arrangement;

    (d) specify a minimum period which may be taken as leave under this Article;

    (e) make provision about how leave under this Article may be taken;

    (f) specify circumstances in which an employee may work for his employer during a period of leave under this Article without bringing the period of leave to an end.

    (8) Where more than one child is placed for adoption as part of the same arrangement, the reference in paragraph (5) to the date of the child’s placement shall be read as a reference to the date of placement of the first child to be placed as part of the arrangement.

    (9) In this Article “week” means any period of seven days.

    (10) The Department may by regulations provide for this Article to have effect in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom, with such modifications as the regulations may prescribe.”.

    Rights during and after additional paternity leave

  7. —(1) Article 112 C of the Employment Rights Order (rights during and after paternity leave) is amended as follows.

    (2) In paragraph (1) after “112 A” insert “or 112 AA”.

    (3) In paragraph (2)—

    (a) after “112 A” insert “or 112 AA”, and

    (b) before sub-paragraph (a) insert—

    “(za) leave under the other Article,”.

    (4) In paragraph (3) , for the words from “as it applies” to the end substitute “or 112 BB as it applies to regulations under Article 112 A or 112 AA.”.

    (5) In paragraph (4)—

    (a) after “112 B” insert “or 112 BB”,

    (b) before sub-paragraph (a) insert—

    “(za) leave under the other Article,”, and

    (c) in sub-paragraph (d) , after “112 A” insert “or 112 AA”.

    (6) In paragraphs (6) and (7) , for “Article 112 A or 112 B” substitute “any of Articles 112 A to 112 BB”.

    Entitlement to additional statutory paternity pay: birth

  8. After section 167 ZE of the Contributions and Benefits Act insert—

    “Additional statutory paternity pay

    Entitlement to additional statutory paternity pay: birth

    167 ZEA.—(1) The Department may by regulations provide that, where all the conditions in subsection (2) are satisfied in relation to a person (“the claimant”) , the claimant shall be entitled in accordance with the following provisions of this Part to payments to be known as...

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