HOUSING; RATES; SOCIAL SECURITY Citation, commencement and interpretation 1 1 These Regulations may be cited as the Social Security (Paternity and Adoption Amendment) Regulations (Northern Ireland) 2002 and shall come into operation on 8th December 2002. 2 In these Regulations– “the Income Support Regulations ” means the Income Support (General) Regulations (Northern Ireland) 1987 ; “the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 . 3 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Amendment of the Income Support Regulations 2 1 The Income Support Regulations shall be amended in accordance with paragraphs (2) to (6). 2 In regulation 2(1) (interpretation)– a before the definition of “attendance allowance” there shall be inserted the following definition– “adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of Article 107A or 107B of the Employment Rights (Northern Ireland) Order 1996 ; ; b after the definition of “partner” there shall be inserted the following definition– “paternity leave” means a period of absence from work on leave by virtue of Article 112A of 112B of the Employment Rights (Northern Ireland) Order 1996 ; . 3 In regulation 5(3A) (persons treated as engaged in remunerative work) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”. 4 In regulation 35(2)(b) (earnings of employed earners) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”. 5 In Schedule 1B (prescribed categories of person) after paragraph 14A there shall be inserted the following paragraph– Paternity Leave 14B 1 A person who is entitled to, and is taking, paternity leave and who satisfies either or both of the conditions set out in sub-paragraph (2). 2 The conditions for the purposes of sub-paragraph (1) are– a he is not entitled to statutory paternity pay by virtue of Part XIIZA of the Contributions and Benefits Act , or to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates; b he is entitled to working families' tax credit, disabled person’s tax credit or housing benefit on the day before that leave begins. 3 In this paragraph “remuneration” means payment of any kind. . 6 In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)– a in paragraph 4– i for “Part II of the Social Security (Northern Ireland) Order 1982 or statutory maternity pay under Part VI of the Order” there shall be substituted “Part XI of the Contributions and Benefits Act, statutory maternity pay under Part XII of that Act, statutory paternity pay under Part XIIZA of that Act, statutory adoption pay under Part XIIZB of that Act ”; ii after “unable to work due to illness or maternity” there shall be inserted “or who is taking paternity leave or adoption leave”; b in paragraph 4A for “or statutory maternity pay under Part V of the Social Security Act 1986” there shall be substituted “, statutory maternity pay under Part 12 of the Social Security Contributions and Benefits Act 1992 , statutory paternity pay under Part 12ZA of that Act or statutory adoption pay under Part 12ZB of that Act ”. Amendment of the Jobseeker’s Allowance Regulations 3 1 The Jobseeker’s Allowance Regulations shall be amended in accordance with paragraphs (2) to (5). 2 In regulation 1(2) (interpretation)– a before the definition of “attendance allowance” there shall be inserted the following definition– “adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of Article 107A or 107B of the Employment Rights (Northern Ireland) Order 1996; ; b after the definition of “part-time student” there shall be inserted the following definition– “paternity leave” means a period of absence from work on leave by virtue of Article 112A or 112B of the Employment Rights (Northern Ireland) Order 1996; . 3 In regulation 52(1) (persons treated as engaged in remunerative work) after “maternity leave” there shall be inserted “, paternity leave, adoption leave”. 4 In regulation 98(2)(c) (earnings of employed earners) after “maternity leave” there shall be inserted “, paternity leave, adoption leave”. 5 In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)– a in paragraph 4– i before “statutory sick pay” there shall be inserted “statutory paternity pay by virtue of Part XIIZA of the Benefits Act, statutory adoption pay by virtue of Part XIIZB of the Benefits Act,”; ii after “unable to work due to illness or maternity” there shall be added “or who is taking paternity leave or adoption leave”; b in paragraph 5 after “Social Security Contributions and Benefits Act 1992” there shall be inserted “, statutory paternity pay under Part 12ZA of that Act or statutory adoption pay under Part 12ZB of that Act”. Amendment of the Housing Benefit Regulations 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sealed with the Official Seal of the Department for Social Development on 27th November 2002. John O'Neill Senior Officer of the Department for Social Development The Department of Finance and Personnel hereby consents to regulation 4 of the foregoing Regulations. Sealed with the Official Seal of the Department of Finance and Personnel on 27th November 2002. N. Taylor Senior Officer of the Department of Finance and Personnel