Social Security Act 1989

[^c8057021]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8057041]: S. 20 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8057051]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8057061]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8057071]: The text of s. 22(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

[^c8057091]: S. 23 partly in force; s. 23 not in force at Royal Assent see s. 33(2); s. 23 in force for certain purposes at 23.6.1994 by S.I. 1994/1661, art. 2(c); s. 23 in force for further certain purposes at 24.8.2007 by S.I. 2007/2445, art. 2(a)

[^c8057171]: 1939 c. 82.

[^c8057181]: 1939 c. 83.

[^c8057191]: 1947 c. 19.

[^c8057201]: 1958 c. 46.

[^c8057211]: Words in the definition of “war pension” in s. 25(4) substituted (3.12.2001) by S.I. 2001/3506, art. 5, Sch. para. 3

[^c8057221]: 1970 c. 44.

[^c8057231]: 1921 c. 49.

[^c8057241]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8057251]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8057331]: Words in s. 29(1) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2 para. 106

[^c8057341]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8057351]: S. 29(3) substituted (13.7.1990) by Social Security Act 1990 (c. 27, SIF113:1), Sch. 6 para. 8(12)

[^c8057361]: S. 29(4) repealed (13.7.1990) by Social Security Act 1990 (c. 27), Sch. 6 para. 8(12) and Sch. 7

[^c8057381]: S. 29(7) repealed (6.4.1997) by 1995 c. 26, ss. 151, 177, Sch. 5 para. 13(1), Sch. 7 Pt. III; S.I. 1997/664, art. 2, Sch. Pt. II

[^c8057391]: 1973 c. 38.

[^c8057401]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8057411]: 1986 c. 50.

[^c8057431]: 1975 c. 60.

[^c8057441]: 1975 c. 14.

[^c8057451]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8057461]: The power of appointment conferred by s. 33(2) partly exercised: S.I. 1989/1238, 1262; 1990/102, 199, 312

[^c21297151]: S. 33(2) power partly exercised: 24.8.2007 appointed for specified provisions by {S.I. 2007/2445}, art. 2

[^c8057471]: Words inserted (13.7.1990) in section 33(6) by Social Security Act 1990 (c. 27, SIF113:1), Sch. 1 para. 5(3). (section 32 and the said paragraph 20A were later repealed by S. S. (C. P.) Act 1992 (c. 6), Sch. 1 (1.7.1992)

[^c8057481]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8057501]: Sch. 1 para. 11 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8057511]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8057521]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8057531]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8057541]: The text of Sch. 4 para. 22 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

[^c8057551]: 1948 c. 41.

[^c8057561]: The text of Sch. 4 para. 23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

[^c8057571]: 1985 c. 66.

[^c8057581]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8057591]: Sch. 5 Pt. I para. 1 partly in force; Sch. 5 Pt. I para. 1 not in force at Royal Assent see s. 33(2)(3); Sch. 5 Pt. I para. 1 in force for specified purposes at 23.6.1994 by S.I. 1994/1661, art. 2, Sch. Pt. I

[^c8057601]: Sch. 5 para. 2 partly in force; Sch. 5 para. 2 not in force at Royal Assent see s. 33(2); Sch. 5 para. 2(1)(2)(4)(c)(5)(9) in force at 23.6.1994 by S.I. 1994/1661, art. 2, Sch. Pt. I

[^c21252381]: Words in Sch. 5 para. 2(4) repealed (1.10.2010) by Equality Act 2010 (c. 15), ss. 211, 216, Sch. 27 Pt. 1 (with ss. 6(4), 205) (as substituted by S.I. 2010/2279, arts. 1(2), 13, Sch. 2); S.I. 2010/2317, art. 2(15)(c)(f) (with art. 15)

[^c8057611]: Words in Sch. 5 para. 2(8) substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 7 para. 2(a); S.I. 1994/86, art. 2

[^c8057621]: Sch. 5 para. 3 partly in force; Sch. 5 para. 3 not in force at Royal Assent see s. 33(2)(3); Sch. 5 para. 3(1)(3)(4) in force for specified purposes at 23.6.1994 by S.I. 1994/1661, art. 2, Sch. Pt. I; Sch. 5 para. 3 in force for further certain purposes at 24.8.2007 by S.I. 2007/2445, art. 2(b)

[^c8057631]: Sch. 5 Pt. I para. 4 repealed (6.4.1997) by 1995 c. 26, ss. 151, 177, Sch. 5 para. 13(2), Sch. 7 Pt. III; S.I. 1997/664, art. 2, Sch. Pt. II

[^c21252281]: Sch. 5 para. 5 repealed (1.10.2010) by Equality Act 2010 (c. 15), ss. 211, 216, Sch. 27 Pt. 1 (with ss. 6(4), 205) (as substituted by S.I. 2010/2279, arts. 1(2), 13, Sch. 2); S.I. 2010/2317, art. 2(15)(c)(f) (with art. 15)

[^c21250961]: Sch. 5 para. 5A: power to apply (with modifications) conferred (6.4.2005) by Pensions Act 2004 (c. 35), ss. 265(2), 322(1) (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7 (subject to art. 2(12))

[^c21251571]: Words in Sch. 5 para. 5A(4)(a) substituted (6.4.2010) by Work and Families Act 2006 (c. 18), ss. 11(1), 19(1), Sch. 1 para. 1(3)(a); S.I. 2010/495, art. 4(d)

[^c21251011]: Sch. 5 para. 5B: power to apply (with modifications) conferred (6.4.2005) by Pensions Act 2004 (c. 35), ss. 265(2), 322(1) (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7 (subject to art. 2(12))

[^c8057661]: Sch. 5 Pt. I para. 6 partly in force; Sch. 5 Pt. I para. 6 not in force at Royal Assent see s. 33(2)(3); Sch. 5 Pt. I para. 6(1)(2)(3)(a)(4) in force at 23.6.1994 by S.I. 1994/1661, art. 2, Sch. Pt. II

[^c8057671]: Sch. 5 Pt. I para. 7 partly in force; Sch. 5 Pt. I para. 7 not in force at Royal Assent see s. 33(2)(3); Sch. 5 Pt. I para. 7(a)-(c)(e) in force for specified purposes at 23.6.1994 by S.I. 1994/1661, art. 2, Sch. Pt. I

[^c8057681]: Words in Sch. 5 para. 7(d) substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 7 para. 2(b); S.I. 1994/86, art. 2

[^c8057691]: Words in Sch. 5 para. 8 substituted (7.2.1994) by 1993 c. 48, s. 190, Sch. 7 para. 2(c); S.I. 1994/86, art. 2

[^c8057701]: Sch. 5 Pt. I para. 9 partly in force; Sch. 5 Pt. I para. 9 not in force at Royal Assent see s. 33(2)(3); Sch. 5 Pt. I para. 9 in force for specified purposes at 23.6.1994 by S.I. 1994/1661, art. 2, Sch. Pt. I

[^c8057711]: Sch. 5 Pt. I para. 10 partly in force; Sch. 5 Pt. I para. 10 not in force at Royal Assent see s. 33(2)(3); Sch. 5 Pt. I para. 10 in force for specified purposes at 23.6.1994 by S.I. 1994/1661, art. 2, Sch. Pt. I

[^c8057721]: Sch. 5 para. 11 repealed (7.2.1994) by 1993 c. 48, s. 118, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c21250931]: Sch. 5 paras. 5A, 5B inserted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 265(1), 322(1) (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7 (subject to art. 2(12))

[^c8057731]: Sch. 5 para. 13 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8057741]: Sch. 5 Pt. II para. 14 repealed (6.4.1997) by 1995 c. 26, s.177, Sch. 7 Pt. I; S.I. 1997/664, art. 2, Sch. Pt. II

[^c8057751]: Sch. 5 para. 15 repealed (10.6.1994) by 1993 c. 19, s. 51, Sch.10; S.I. 1994/1365, art. 2, Sch. (with transitional provisions in art. 3)

[^c8057771]: Sch. 6 para. 1-5 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8057791]: Sch. 5 paras. 1-5 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8057811]: Sch. 5 paras. 1-5 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8057831]: Sch. 5 paras. 1-5 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8057851]: Sch. 5 paras. 1-5 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8057861]: Sch. 6 paras. 6 and 7 which had textually amended (21.7.1989) ss.41A and 41B respectively of the Social Security Pensions Act 1975 (c. 60), were repealed retrospectively w.e.f. 21.7.1989 by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 4 para. 8(1) and Sch. 7

[^c8057891]: Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8057911]: Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8057931]: Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8057951]: Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8057971]: Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8057991]: Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8058011]: Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8058041]: Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8058061]: Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8058081]: Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8058101]: Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8058131]: Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8058151]: Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8058161]: S.I. 1988/475.

[^c8058181]: Sch. 7 para. 1 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8058191]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8058201]: Sch. 7 para. 14 repealed by DLA and DWA Act 1991 (c. 21), Sch. 4

[^c8058211]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8058231]: Sch. 7 para. 21 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8058241]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8058261]: Sch. 7 para. 27 repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. VI

[^c8058271]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8058281]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8058291]: Sch. 8 para. 8(1) repealed (1.2.1991) by Employment Act 1990 (c. 38, SIF 43:5), Sch. 3

[^c8058301]: Sch. 8 para. 8(2) repealed (13.3.1990) by Social Security Act 1990 (c. 27, SIF 113:1), Sch.7

[^c8058311]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8058321]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8058331]: The text of Sch. 8 para. 10(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

[^c8058341]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8058491]: The text of Sch. 8 para. 12(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

[^c8058501]: Sch. 8 para. 12(1)(a)(b) repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. I; S.I. 1994/86, art. 2

[^c8058521]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8058531]: Sch. 8 para. 12(3)(4) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. VI

[^c8058571]: S.I. 1981/330.

[^c8058581]: S.I. 1988/623.

[^c8058591]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8058601]: The text of Sch. 8 para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not (except as specified) reflect any amendments or repeals which may have been made prior to 1.7.1992

[^c8058611]: Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

[^c8058631]: 1982 c. 34.

[^c8058641]: 1985 c. 53.

[^c8058691]: The text of Sch. 9, Table is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

[^c8058701]: Words in Sch. 9 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c8058721]: This refers to the repeal, under the Table of repeals in Sch. 9 above, of the words from “together with” onwards in section 1(1) of the Social Security Act 1975 (c. 14)

[^c8058731]: This refers to the repeal, under the Table of repeals in Sch. 9 above, of sections 1(5) and (5A) and 134(3) of the Social Security Act 1975 (c. 14), section 27(6) of the Social Security (Pensions) Act 1975 (c. 60), section 2(2) of the Social Security Contributions Act 1981 (c. 1) and section 2 of the Social Security (Contributions) Act 1982 (c. 2). (all relating to Treasury Supplement)

[^c8058741]: This refers to the repeal, under the Table of repeals in Sch. 9 above, of the words “longer or” in section 20(1A) of the Social Security Act 1975 (c. 14)

[^key-b4684f4ca2865338cf84b6989737a68b]: Words in Sch. 5 para. 9 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-8616ee9086afb3014f2fa23ad3aa46a3]: Word in Sch. 5 para. 9(3)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 128; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[^key-ec32ecdf7ba6e083ff9d8b7ca4fa04d1]: Words in Sch. 5 para. 5A(7) substituted (30.6.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 2(4); S.I. 2014/1640, art. 3(2)(b)

[^key-bf67c5421d6bd1b367d1ea7f862838e0]: and cross-heading inserted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 4; S.I. 2014/1640, art. 5(2)(c)

[^key-49398e6846818420857a60679f376c8d]: Words in Sch. 5 para. 5A(4) inserted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 2(3)(a); S.I. 2014/1640, art. 5(2)(a)

[^key-0a682f884b38fc3a2b8af84d80525a5b]: Words in Sch. 5 para. 5B(4) substituted (1.12.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 3(2); S.I. 2014/1640, art. 5(2)(b)

[^key-2cbcc7191cc3a3e673ef0faf895055a0]: Sch. 5 para. 5A(7A), (7B) inserted (1.12.2014 for specified purposes) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 2(5); S.I. 2014/1640, art. 5(2)(a)

[^key-ffed1047aae92949149f774b81afd61f]: Sch. 5 para. 5B(7), (8) inserted (1.12.2014 for specified purposes) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 3(3); S.I. 2014/1640, art. 5(2)(b)

[^key-66813464f1481cfa6f4379e400004e5c]: Words in Sch. 5 para. 5A(4) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 2(3)(b); S.I. 2014/1640, art. 7(a) (with art. 16)

[^key-4a5f1d98eefe8bf7aa6dc56885cc53a0]: Words in Sch. 5 para. 5A(4) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 2(3)(c); S.I. 2014/1640, art. 7(a) (with art. 16)

[^key-a394039b6479d43998b8087d5fe9c25d]: Sch. 5 para. 5A(8) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 2(6); S.I. 2014/1640, art. 7(a) (with arts. 16 18)

[^key-1e54fd30fd9ff1b0b69600ef5155d8fa]: Words in Sch. 5 para. 5A(3)(b) substituted (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 2(2); S.I. 2014/1640, art. 7(a) (with art. 16)

[^key-6128b841ef8565dc2ef859c0837c7355]: Words in Sch. 5 para. 5A(7A)(a) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 54(a)

[^key-7334649077dea7c20d0fe42b27428518]: Sch. 5 para. 5A(7A)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 54(b)

[^key-c797ad2a57146e34df17125c638926bf]: Words in Sch. 5 para. 5B(7)(a) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 54(c)

[^key-e63ffb9e15efc509cc03b3e8ab860945]: Sch. 5 para. 5B(7)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 54(d)

[^key-3971fa29525d5e7b187d6c57545fc589]: Sch. 5 para. 5C(8)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 54(e)

[^key-e98c2a22a69ead75e2218c6f44f04a7e]: Words in Sch. 5 para. 5C(8)(b)(i) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 54(f)

[^key-214e89f3188a70b01eddc8e5803a2dee]: Words in Sch. 5 para. 5C(8)(b)(ii) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 54(g)

[^key-7754a82b0f92a93a1a1790f91c40e845]: S. 25(1A) inserted (21.11.2017) by Armed Forces Act 2016 (c. 21), ss. 15(2), 19(1); S.I. 2017/1131, reg. 2

[^key-c6db8b1e66230a2318aace859d76b883]: Words in s. 25(2) omitted (21.11.2017) by virtue of Armed Forces Act 2016 (c. 21), ss. 15(3)(a), 19(1); S.I. 2017/1131, reg. 2

[^key-d7ae6e5e580cbe461df23bcf12891629]: Words in s. 25(2) substituted (21.11.2017) by Armed Forces Act 2016 (c. 21), ss. 15(3)(b), 19(1); S.I. 2017/1131, reg. 2

[^key-0949c54d2dd6c9aa8635d27525aadcfb]: Words in s. 25(2)(a) substituted (21.11.2017) by Armed Forces Act 2016 (c. 21), ss. 15(3)(c), 19(1); S.I. 2017/1131, reg. 2

[^key-01bd6d1b63b29d2b2ccfeb88a05cdea6]: Words in s. 25(2)(b) substituted (21.11.2017) by Armed Forces Act 2016 (c. 21), ss. 15(3)(d), 19(1); S.I. 2017/1131, reg. 2

[^key-705e0c0834704a63e8d5263fad6146e8]: Word in s. 25(2)(c) substituted (21.11.2017) by Armed Forces Act 2016 (c. 21), ss. 15(3)(e)(i), 19(1); S.I. 2017/1131, reg. 2

[^key-32760783d3cc9e73cffa90653f52c555]: Word in s. 25(2)(c) substituted (21.11.2017) by Armed Forces Act 2016 (c. 21), ss. 15(3)(e)(ii), 19(1); S.I. 2017/1131, reg. 2

[^key-547c5ad001db88e36b05fdac56c38fa2]: Words in s. 25(2)(d) substituted (21.11.2017) by Armed Forces Act 2016 (c. 21), ss. 15(3)(f), 19(1); S.I. 2017/1131, reg. 2

[^key-3f6377327dd8c6e5a492d6f91fe53ab3]: S. 25(3A) inserted (21.11.2017) by Armed Forces Act 2016 (c. 21), ss. 15(4), 19(1); S.I. 2017/1131, reg. 2

[^key-c6e6e862566b3e29024bae97b0306b30]: Words in s. 25(4) inserted (21.11.2017) by Armed Forces Act 2016 (c. 21), ss. 15(5), 19(1); S.I. 2017/1131, reg. 2

[^key-5ab38cb0a7209f2b67c04e90cbae845d]: Words in Sch. 5 para. 5B(8)(b) inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 1 para. 2

[^key-39e6220ff6f69788e6e86ace2b8207f7]: Sch. 5 para. 5D and cross-heading inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24), s. 2(2), Sch. para. 7; S.I. 2020/45, reg. 2

[^key-133e5caa4b57464c5a2f15feb4acf2e4]: Sch. 5 para. 5E and cross-heading inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20), s. 3(3), Sch. para. 7; S.I. 2025/41, reg. 2

The repeal in section 1(1) of the principal Act and the repeal of sections 1(5) and (5A) and 134(3) of that Act, section 27 of the Pensions Act, section 2 of the Social Security (Contributions) Act 1981 and section 2 of the Social Security (Contributions) Act 1982 have effect in relation to payments by way of supplement, or adjustment of supplement, under section 1(5) of the principal Act in respect of any contributions whether paid before, on or after 31st March 1989.

Unfair shared parental leave provisions

5C

• (1) Where an employment-related benefit scheme includes any unfair shared parental leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

• (a) the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and

• (b) subject to sub-paragraph (3), this Schedule shall apply accordingly.

• (2) In this paragraph “unfair shared parental leave provisions”, in relation to an employment-related benefit scheme, means any provision—

• (a) which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid shared parental leave in the case of any member who is (or who, immediately before the commencement of such a period, was) an employed earner and which treats such a member otherwise than in accordance with the normal employment requirement; or

• (b) which requires the amount of any benefit payable under the scheme to or in respect of any such member, to the extent that it falls to be determined by reference to earnings during a period which included a period of paid shared parental leave, to be determined otherwise than in accordance with the normal employment requirement.

• (3) In the case of any unfair shared parental leave provision—

• (a) the more favourable treatment required by paragraph 3(1) is treatment no less favourable than would be accorded to the member in accordance with the normal employment requirement; and

• (b) paragraph 3(2) does not authorise the making of any such election as is there mentioned;

but, in respect of any period of paid shared parental leave, a member shall only be required to pay contributions on the amount of contractual remuneration or statutory shared parental pay actually paid to or for the member in respect of that period.

• (4) In this paragraph—

• “the normal employment requirement” is the requirement that any period of paid shared parental leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so;

• “period of paid adoption leave” has the same meaning as in paragraph 5B;

• “period of paid paternity leave” has the same meaning as in paragraph 5A;

• “period of paid shared parental leave”, in the case of a member, means a period—throughout which the member is absent from work in circumstances where sub-paragraph (5), (6), (7), (8), (9) or (10) applies, andfor which the employer (or if the member is no longer in that person's employment, his former employer) pays the member any contractual remuneration or statutory shared parental pay.

• (5) This sub-paragraph applies if—

• (a) the member's absence from work is due to the birth of a child,

• (b) the member is the mother of the child, and

• (c) the absence from work is not absence on maternity leave (within the meaning of the Equality Act 2010).

• (6) This sub-paragraph applies if—

• (a) the member's absence from work is due to the birth of a child,

• (b) the member is a person who satisfies the conditions prescribed under section 171ZU(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992 in relation to the child, and

• (c) the member's absence from work is not absence during a period of paid paternity leave.

• (7) This sub-paragraph applies if—

• (a) the member's absence from work is due to the placement of a child for adoption under the law of any part of the United Kingdom,

• (b) the member is—

• (i) a person with whom a child is placed for adoption under the law of any part of the United Kingdom, or

• (ii) a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992 in relation to the child, and

• (c) the member's absence from work is not absence during—

• (i) a period of paid paternity leave, or

• (ii) a period of paid adoption leave.

• (8) This sub-paragraph applies if—

• (a) the member’s absence from work is due to the placement of a child under—

• (i) section 22C of the Children Act 1989 by a local authority in England, or

• (ii) section 81 of the Social Services and Well-being (Wales) Act 2014 by a local authority in Wales,

with a local authority foster parent who has been approved as a prospective adopter,

• (b) the member is—

• (i) the local authority foster parent with whom the child in question is placed under section 22C of the Children Act 1989 or section 81 of the Social Services and Well-being (Wales) Act 2014, or

• (ii) a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992, as modified by section 171ZV(18) of that Act (cases involving the placing of a child by a local authority in England or Wales with a local authority foster parent who has been approved as a prospective adopter), in relation to the child, and

• (c) the member's absence from work is not absence during—

• (i) a period of paid paternity leave, or

• (ii) a period of paid adoption leave.

• (9) This sub-paragraph applies if—

• (a) the member's absence from work is due to the adoption or expected adoption of a child who has entered the United Kingdom in connection with or for the purposes of adoption which does not involve placement of the child for adoption under the law of any part of the United Kingdom,

• (b) the member is—

• (i) the person who has adopted or expects to adopt the child in question, or

• (ii) a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992, as applied by virtue of section 171ZZ5(1) of that Act (adoption cases not involving placement under the law of the United Kingdom), in relation to the child, and

• (c) the member's absence from work is not absence during—

• (i) a period of paid paternity leave, or

• (ii) a period of paid adoption leave.

• (10) This sub-paragraph applies if—

• (a) the member's absence from work is due to the birth of a child,

• (b) the member is a person who has applied, or intends to apply, for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in relation to the child, and

• (c) the member's absence from work is not absence during—

• (i) a period of paid paternity leave, or

• (ii) a period of paid adoption leave.

The repeal in section 20(1A) of the principal Act does not affect the continuing operation of the Unemployment Benefit (Disqualification Period) Order 1988.

Unfair parental bereavement leave provisions

5D

• (1) Where an employment-related benefit scheme includes any unfair parental bereavement leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

• (a) the scheme is to be regarded to that extent as not complying with the principle of equal treatment; and

• (b) subject to sub-paragraph (3), this Schedule is to apply accordingly.

• (2) In this paragraph “unfair parental bereavement leave provisions”, in relation to an employment-related benefit scheme, means any provision—

• (a) which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid parental bereavement leave in the case of any member who is (or who, immediately before the commencement of such a period, was) an employed earner and which treats such a member otherwise than in accordance with the normal employment requirement; or

• (b) which requires the amount of any benefit payable under the scheme to or in respect of any such member, to the extent that it falls to be determined by reference to earnings during a period which included a period of paid parental bereavement leave, to be determined otherwise than in accordance with the normal employment requirement.

• (3) In the case of any unfair parental bereavement leave provision—

• (a) the more favourable treatment required by paragraph 3(1) is treatment no less favourable than would be accorded to the member in accordance with the normal employment requirement; and

• (b) paragraph 3(2) does not authorise the making of any such election as is there mentioned;

but, in respect of any period of paid parental bereavement leave, a member is only required to pay contributions on the amount of contractual remuneration or statutory parental bereavement pay actually paid to or for the member in respect of that period.

• (4) In this paragraph—

• “the normal employment requirement” is the requirement that any period of paid parental bereavement leave is to be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so;

• “period of paid parental bereavement leave”, in the case of a member, means any period—throughout which a member who is a bereaved parent (within the meaning given by section 171ZZ6(3) of the Social Security Contributions and Benefits Act 1992) is absent from work due to the death of a child, otherwise than by virtue of a period of leave mentioned in sub-paragraph (5); andfor which the employer (or if the member is no longer in that person's employment, his former employer) pays the member any contractual remuneration or statutory parental bereavement pay.

• (5) The periods of leave referred to in paragraph (a) of the definition of “period of paid parental bereavement leave” are—

• (a) a period of paid paternity leave (within the meaning of paragraph 5A),

• (b) a period of maternity leave (within the meaning of the Equality Act 2010),

• (c) a period of paid adoption leave (within the meaning of paragraph 5B), or

• (d) a period of shared parental leave (within the meaning of paragraph 5C).

Unfair neonatal care leave provisions

5E

• (1) Where an employment-related benefit scheme includes any unfair neonatal care leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

• (a) the scheme is to be regarded to that extent as not complying with the principle of equal treatment; and

• (b) subject to sub-paragraph (3), this Schedule is to apply accordingly.

• (2) In this paragraph “unfair neonatal care leave provisions”, in relation to an employment-related benefit scheme, means any provision—

• (a) which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid neonatal care leave in the case of any member who is (or who, immediately before the commencement of such a period, was) an employed earner and which treats such a member otherwise than in accordance with the normal employment requirement; or

• (b) which requires the amount of any benefit payable under the scheme to or in respect of any such member, to the extent that it falls to be determined by reference to earnings during a period which included a period of paid neonatal care leave, to be determined otherwise than in accordance with the normal employment requirement.

• (3) In the case of any unfair neonatal care leave provision—

• (a) the more favourable treatment required by paragraph 3(1) is treatment no less favourable than would be accorded to the member in accordance with the normal employment requirement; and

• (b) paragraph 3(2) does not authorise the making of any such election as is there mentioned;

but, in respect of any period of paid neonatal care leave, a member is only required to pay contributions on the amount of contractual remuneration or statutory neonatal care pay actually paid to or for the member in respect of that period.

• (4) In this paragraph—

• “the normal employment requirement” is the requirement that any period of paid neonatal care leave is to be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so;

• “period of paid neonatal care leave”, in the case of a member, means any period—throughout which a member who (for the purposes of section 171ZZ16 of the Social Security Contributions and Benefits Act 1992) has a parental or other personal relationship with a child who is receiving, or has received, neonatal care is absent from work for that reason, otherwise than by virtue of a period of leave mentioned in sub-paragraph (5); andfor which the employer (or if the member is no longer in that person’s employment, his former employer) pays the member any contractual remuneration or statutory neonatal care pay.

• (5) The periods of leave referred to in paragraph (a) of the definition of “period of paid neonatal care leave” are—

• (a) a period of paid paternity leave (within the meaning of paragraph 5A),

• (b) a period of maternity leave (within the meaning of the Equality Act 2010),

• (c) a period of paid adoption leave (within the meaning of paragraph 5B),

• (d) a period of shared parental leave (within the meaning of paragraph 5C), or

• (e) a period of parental bereavement leave (within the meaning of paragraph 5D).