No 90 The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Parental Order Cases) Regulations (Northern Ireland) 2015
These Regulations modify requirements in the 1992 Act to provide that an employee who has a baby with the help of a surrogate and is a parental order parent may be entitled to statutory adoption pay, statutory paternity pay or statutory shared parental pay if they meet the eligibility requirements.
A parental order parent is someone who on the day of the child’s birth intends to apply for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 with another person in respect of the child and they expect the court to make such an order; or someone who obtains such an order.
The modifications to the 1992 Act provide different triggers and qualification points to recognise that the statutory pay relates to the birth of a child and not an adoption. The powers modified ordinarily concern adoption situations and hence require adjustment to deal with these specific circumstances.