The Statutory Shared Parental Pay (General) Regulations 2014
- (i) is exempt from the provisions of the 1992 Act; or
- (ii) is a person against whom the provisions of the 1992 Act are not enforceable.
Continuous employment
34
- (1) A week is to be treated for the purposes of sections 171ZU and 171ZV of the 1992 Act (see also regulations 30 and 31) as part of a period of continuous employment with the employer even though no contract of service exists with that employer in respect of that week in the circumstances mentioned in paragraph (2) and subject to paragraphs (3) and (4).
- (2) The circumstances mentioned in paragraphs (1) are that in any week the person is, for the whole or part of the week—
- (a) incapable of work in consequence of sickness or injury;
- (b) absent from work on account of a temporary cessation of work; or
- (c) absent from work in circumstances such that, by arrangement or custom, that person is regarded as continuing in the employment of their employer for all or any purposes;
and returns to work for their employer after the incapacity for or absence from work.
- (3) Incapacity for work which lasts for more than 26 consecutive weeks shall not count for the purposes of paragraph (2)(a).
- (4) Where a person—
- (a) is an employee in employed earner's employment in which the custom is for the employer—
- (i) to offer work for a fixed period of not more than 26 consecutive weeks;
- (ii) to offer work for such period on two or more occasions in a year for periods which do not overlap; and
- (iii) to offer the work available to those persons who had worked for the employer during the last or a recent such period; but
- (b) is absent from work because of incapacity arising from some specific disease or bodily or mental disablement;
then in that case paragraph (2) shall apply as if the words “and returns to work for their employment for their employer after the incapacity for or absence from work” were omitted.
Continuous employment and unfair dismissal
35
- (1) Where in consequence of specified action in relation to a person's dismissal, the person is reinstated or re-engaged by their employer or by a successor or associated employer of that employer then—
- (a) the continuity of their employment shall be preserved for the purposes of sections 171ZU and 171ZV of the 1992 Act (see also regulations 30 and 31) for the period beginning with the effective date of termination and ending with the date of reinstatement or re-engagement; and
- (b) any week which falls within the interval beginning with the effective date of termination and ending with the date of reinstatement or re-engagement, as the case may be, shall count in the computation of their period of continuous employment.
- (2) In this regulation—
- (a) “associated employer” shall be construed in accordance with section 231 of the Employment Rights Act 1996;
- (b) “dismissal procedures agreement” and “successor” have the same meanings as in section 235 of the Employment Rights Act 1996;
- (c) “specified action in relation to a person's dismissal” means action which consists of—
- (i) the presentation by that person of a complaint under section 111(1) (complaints to employment tribunal) of the Employment Rights Act 1996 ;
- (ii) that person making a claim in accordance with a dismissal procedure agreement designated by an order under section 110 of that Act ; or
- (iii) any action taken by a conciliation officer under section 18 (conciliation) of the Employment Tribunals Act 1996 .
Continuous employment and stoppages of work
36
- (1) Where a person does not work for any week or part of a week because there is a stoppage of work at that person's place of employment due to a trade dispute within the meaning of section 35(1) of the Jobseekers Act 1995 then—
- (a) that person's continuity of employment shall be treated as continuing throughout the stoppage (but see paragraph (2)) for the purposes of sections 171ZU and 171ZV of the 1992 Act (see also regulations 30 and 31); and
- (b) no such week shall count in the computation of their period of continuous employment (but see paragraph(3)).
- (2) Where during the stoppage of work a person is dismissed from their employment, that person's continuity of employment shall not be treated under paragraph (1) as continuing beyond the commencement of the day that person stopped work (but see paragraph (3)).
- (3) Paragraph (1)(b) and paragraph (2) do not apply to a person who proves that at no time did they have a direct interest in the trade dispute in question.
Change of employer
37
- (1) Where a person's employer changes, a person's employment is to be treated for the purposes of sections 171ZU and 171ZV of the 1992 Act (see also regulations 30 and 31) as continuous employment with the second employer in the following circumstances—
- (a) the employer's trade or business or an undertaking (whether or not it is an undertaking established by or under an Act of Parliament) is transferred from one person to another;
- (b) a contract of employment between any body corporate and the person is modified by or under an Act of Parliament, whether public or local and whenever passed and some other body corporate is substituted as that person's employer;
- (c) on the death of the employer, the person is taken into the employment of the personal representatives or trustees of the deceased;
- (d) the person is employed by partners, personal representatives or trustees and there is a change in the partners, or as the case may be, personal representatives or trustees;
- (e) the person is taken into the employment of an employer who is, at the time the person entered into to the employer's employment, an associated employer of the person's previous employer; or
- (f) on the termination of the person's employment with an employer that person is taken into the employment of another employer and those employers are governors of a school maintained by a local education authority.
- (2) In paragraph (1)(e) “associated employer” shall be construed in accordance with section 231 of the Employment Rights Act 1996.
Reinstatement after service with the armed forces etc
38
Where a person—
- (a) is entitled to apply to their employer under the Reserve Forces (Safeguard of Employment) Act 1985 ; and
- (b) enters the employment of that employer within the six month period mentioned in section 1(4)(b) (obligation to reinstate) of that Act;
that person's previous period of employment with that employer (or if there was more than one such period, the last of those periods) and the period of employment beginning in that six month period shall be treated as continuous for the purposes of sections 171ZU and 171ZV of the 1992 Act (see also regulations 30 and 31).
Treatment of two or more employers or two or more contracts of service as one
39
- (1) In a case where the earnings paid to a person in respect of two or more employments are aggregated and treated as a single payment of earnings under regulation 15(1) (aggregation of earnings paid in respect of different employed earner's employments by different persons) of the Social Security (Contributions) Regulations 2001, the employers of that person in respect of those employments shall be treated as one for the purposes of Part 12ZC of the 1992 Act (and these Regulations).
- (2) Where two or more employers are treated as one under the provisions of paragraph (1), liability for statutory shared parental pay shall be apportioned between them in such proportions as they may agree, or in default of agreement, in the proportions which the person's normal weekly earnings from each employment bear to the amount of the aggregated normal weekly earnings over the relevant period as defined in regulation 32(2).
- (3) Where two or more contracts of service exist concurrently between one employer and one employee, they shall be treated as one for the purposes of Part 12ZC of the 1992 Act (and these Regulations) except where, by virtue of regulation 14 (aggregation of earnings paid in respect of separate employed earner's employments under the same employer) of the Social Security (Contributions) Regulations 2001, the earnings from those contracts of service are not aggregated for the purpose of earnings-related contributions.
PART 5 — PAYMENT OF STATUTORY SHARED PARENTAL PAY
Weekly rate of payment of statutory shared parental pay
40
- (1) The weekly rate of payment of statutory shared parental pay is the smaller of the following two amounts—
- (a) £187.18;
- (b) 90% of the normal weekly earnings of the individual claiming statutory shared parental pay determined in accordance with section 171ZZ4(6) of the 1992 Act and regulation 32).
- (2) Where the amount of any payment of statutory shared parental pay is calculated by reference to—
- (a) the weekly rate specified in paragraph (1)(b), or
- (b) the daily rate of one-seventh of the weekly rate specified in paragraph (1)(a) or (b),
and that amount includes a fraction of a penny, the payment shall be rounded up to the nearest whole number of pence.
Statutory shared parental pay and contractual remuneration
41
For the purposes of section 171ZZ1(1) and (2) (payment of contractual remuneration to go towards discharging liability to pay statutory shared parental pay and payment of statutory shared parental pay to go towards discharging liability to pay contractual remuneration) the payments which are to be treated as contractual remuneration are sums payable under a contract of service—
- (a) by way of remuneration;
- (b) for incapacity for work due to sickness or injury; and
- (c) by reason of birth, adoption or care of a child.
Avoidance of liability for statutory shared parental pay
42
- (1) A former employer is liable to make payments of statutory shared parental pay to a former employee in any case where the employee has been employed for a continuous period of at least eight weeks and the employee's contract of service was brought to an end by the former employer solely, or mainly, for the purpose of avoiding liability for statutory shared parental pay.
- (2) In a case falling within paragraph (1)—
- (a) the employee shall be treated as if the employee had been employed for a continuous period ending with the period of seven days beginning with Sunday before the first week falling within the relevant period relating to that employee under section 171ZY(2) of the 1992 Act; and
- (b) regulation 32(2) (relevant period for the purpose of the calculation of normal weekly earnings) shall apply as if it read—
(2) The relevant period is the period— (a) ending on the last day of payment under the former contract of employment; and (b) beginning with the day following the day of payment under that contract to fall at least 8 weeks earlier than the day of payment mentioned in sub-paragraph (a).
Payment of statutory shared parental pay
43
Payments of statutory shared parental pay may be made in like manner to payments of remuneration but shall not include payment in kind or by way of the provision of board and lodgings.
Time when statutory shared parental pay is to be paid
44
- (1) In any case where—
- (a) a decision has been made by an officer of Revenue and Customs under section 8(1) (decisions by officers) of the Social Security Contributions (Transfer of Functions, etc) Act 1999 as a result of which a person is entitled to an amount of statutory shared parental pay; and
- (b) the time for bringing an appeal against the decision has expired and either—
- (i) no such appeal has been brought; or
- (ii) such appeal has been brought and has been finally disposed of;
that amount of statutory shared parental pay shall be paid within the time specified in paragraph (2).
- (2) The employer or former employer shall pay the amount not later than the first pay day after the following days (but see paragraphs (3) and (4))—
- (a) where an appeal has been brought, the day on which the employer or former employer receives notification that it has been finally disposed of;
- (b) where leave to appeal has been refused, and there remains no further opportunity to apply for leave, the day on which the employer or former employer receives notification of the refusal; and
- (c) in any other case, the day on which the time for bringing an appeal expires.
- (3) Where it is impracticable, in view of the employer's or former employer's methods of accounting for and paying remuneration, for the requirement of payment referred to in paragraph (2) to be met by the pay day referred to in that paragraph, it shall be met not later than the next following pay day (but see paragraph (4)).
- (4) Where the employer or former employer would not have remunerated the employee for their work in the week in respect of which statutory shared parental pay is payable as early as the pay day specified in paragraph (2) or (if it applies) paragraph (3), the requirement of payment shall be met on the first day on which the employee would have been remunerated for his work in that week.
- (5) In this regulation “pay day” means a day on which it has been agreed, or it is the normal practice between an employer or former employer to agree and a person who is or was an employee of theirs, that payments by way of remuneration are to be made, or, where there is no such agreement or normal practice, the last day of a calendar month.
Liability of the Commissioners to pay statutory shared parental pay
45
- (1) Despite section 171ZX(1) of the 1992 Act (liability to make payments of statutory shared parental pay is liability of the employer) where the conditions in paragraph (2) are satisfied, liability to make payments of statutory shared parental pay to a person is to be liability of the Commissioners and not the employer for—
- (a) any week in respect of which the employer was liable to pay statutory shared parental pay to that person but did not do so; and
- (b) for any subsequent weeks that person is entitled to payments of statutory shared parental pay.
- (2) The conditions in this paragraph are that—
- (a) an officer of the Revenue and Customs has decided under section 8(1) of the Social Security Contributions (Transfer of Functions, etc) Act 1999 that an employer is liable to make payments of statutory shared parental pay;
- (b) the time for appealing against the decision has expired; and
- (c) no appeal against the decision has been lodged or leave to appeal against the decision is required and has been refused.
- (3) Despite section 171ZX(1) of the 1992 Act, liability to make payments of statutory shared parental pay to a person is to be a liability of the Commissioners and not the employer as from the week in which the employer first becomes insolvent (see paragraphs 4 and 5) until the last week that person is entitled to payment of statutory shared parental pay.
- (4) For the purposes of paragraph (3) an employer shall be taken to be insolvent if, and only if, in England and Wales—
- (a) the employer has been adjudged bankrupt or has made a composition or arrangement with its creditors;
- (b) the employer has died and the employer's estate falls to be administered in accordance with an order made under section 421 Insolvency Act 1986 ; or
- (c) where an employer is a company or a limited liability partnership—
- (i) a winding-up order is made or a resolution for a voluntary winding-up is passed (or, in the case of a limited liability partnership, a determination for voluntary winding-up has been made) with respect to it,
- (ii) it enters administration,
- (iii) a receiver or manager of its undertaking is duly appointed,
- (iv) possession is taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company or limited liability partnership comprised in or subject to the charge, or
- (v) a voluntary arrangement proposed for the purposes of Part 1 of the Insolvency Act 1986 is approved under that Part.
- (5) For the purposes of paragraph (3) an employer shall be taken to be insolvent if, and only if, in Scotland—
- (a) an award of sequestration is made on the employer's estate;
- (b) the employer executes a trust deed for its creditors;
- (c) the employer enters into a composition contract;
- (d) the employer has died and a judicial factor appointed under section 11A of the Judicial Factors (Scotland) Act 1889 is required by that section to divide the employer's insolvent estate among the employer's creditors; or
- (e) where the employer is a company or a limited liability partnership—
- (i) a winding-up order is made or a resolution for voluntary winding-up is passed (or in the case of a limited liability partnership, a determination for a voluntary winding-up is made) with respect to it,
- (ii) it enters administration,
- (iii) a receiver of its undertaking is duly appointed, or
- (iv) a voluntary arrangement proposed for the purposes of Part I of the Insolvency Act 1986 is approved under that Part.
Liability of the Commissioners to pay statutory shared parental pay in case of legal custody or imprisonment
46
Where there is liability to pay statutory shared parental pay—
- (a) in respect of a period which is subsequent to the last week falling within paragraph (1)(c) of regulations 14 and 26 (cases where there is no liability to pay statutory shared parental pay); or
- (b) during a period of detention in legal custody by virtue of paragraph (2) of those regulations;
that liability, despite section 171ZX(1) of the 1992 Act, shall be that of the Commissioners and not the employer.
Payments by the Commissioners
47
Where the Commissioners become liable in accordance with regulation 45(liability of the Commissioners to pay statutory shared parental pay) or regulation 46 (liability of the Commissioners to pay statutory shared parental pay in case of legal custody or imprisonment) then—
- (a) the first payment is to be made as soon as reasonably practicable after they become so liable; and
- (b) subsequent payments are to be made at weekly intervals;
by means of an instrument of payment or by such other means as appear to the Commissioners to be appropriate in the circumstances of any particular case.
Persons unable to act
48
- (1) This regulation applies where—
- (a) statutory shared parental pay is payable to a person or it is alleged that statutory shared parental pay is payable to a person;
- (b) that person is unable for the time being to act;
- (c) no deputy has been appointed by the Court of Protection with power to receive statutory shared parental pay on their behalf or, in Scotland, their estate is not being administered by a guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 ; and
- (d) a written application has been made to the Commissioners by a person, who, if a natural person, is over the age of 18 to exercise any right, or deal with any sums payable, under Part 12ZC of the 1992 Act on behalf of the person unable to act.
- (2) Where this regulation applies the Commissioners may appoint the person referred to in paragraph (1)(d)—
- (a) to exercise, on behalf of the person unable to act, any right which the person unable to act may be entitled under Part 12ZC of the 1992 Act; and
- (b) to deal, on behalf of the person unable to act, with any sums payable to the person unable to act under Part 12ZC of the 1992 Act.
- (3) Where the Commissioners have made an appointment under paragraph (2)—
- (a) they may at any time revoke it;
- (b) the person appointed may resign their office after having given one month's notice in writing to the Commissioners of that person's intention to do so; and
- (c) the appointment shall end when the Commissioners are notified that a deputy or other person to whom paragraph (1)(c) applies has been appointed.
- (4) Anything required by Part 12ZC of the 1992 Act to be done by or to the person who is unable to act may be done by or to the person appointed under this regulation to act on behalf of the person unable to act, and the receipt of the person so appointed shall be a good discharge to the employer or former employer of the person unable to act for any sum paid.
Service of notices
49
- (1) Where a notice is to be given under these Regulations, it may be given—
- (a) where paragraph (2) applies, by electronic communication;
- (b) by post; or
- (c) by personal delivery.
- (2) This paragraph applies where the person who is to receive the notice has agreed that the notice may be given to the person by being transmitted to an electronic address and in an electronic form specified by the person for that purpose.
- (3) Where a notice is to be given under these Regulations it is to be taken to have been given—
- (a) if sent by electronic communication, on the day of transmission;
- (b) if sent by post in an envelope which is properly addressed and sent by prepaid post, on the day on which it is posted;
- (c) if delivered personally, on the day of delivery.
SCHEDULE — STATUTORY SHARED PARENTAL PAY IN SPECIAL CIRCUMSTANCES
PART 1 — STATUTORY SHARED PARENTAL PAY (BIRTH)
Entitlement of father or partner to statutory shared parental pay (birth) in the event of the death of M before curtailment
1
- (1) In a case where M dies—
- (a) before the end of her maternity allowance period in respect of C and without reducing that period under section 35(3A) of the 1992 Act , or
- (b) before the end of her maternity pay period in respect of C and without reducing that period under section 165(3A) of the 1992 Act ,
then these Regulations shall apply, in respect of any period after M dies, subject to the modifications in the following provisions of this paragraph.
- (2) In regulation 2(1) a person is to be regarded as falling within the definition of P it that person would have done so but for the fact that M had died.
- (3) In regulation 5 (entitlement of father or partner)—
- (a) paragraph (3)(d) shall not apply;
- (b) in a case where M dies before her maternity allowance period or maternity pay period in respect of C starts then the condition in paragraph (3)(c) shall be taken to be satisfied if it would have been satisfied but for the fact that M had died.
- (4) In regulation 7 (notification and evidential requirements relating to father or mother's partner)—
- (a) paragraph (1)(a) shall apply as if it read—
(a) paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by P pursuant to paragraph (2)(d) or, where it is not reasonably practicable for P to satisfy this requirement, as soon as reasonably practicable after the death of M, but in any event before that period;
- (b) paragraph (1)(b) and (c) shall not apply;
- (c) in paragraph (2)—
- (i) sub-paragraph (a) shall apply as if the words “disregarding any intention of M to claim statutory shared parental pay (birth) in respect of C” were omitted; and
- (ii) sub-paragraph (c) shall not apply;
- (d) in paragraph (3)—
- (i) sub-paragraph (a) shall not apply;
- (ii) sub-paragraph (d) shall apply as if it read—
(d) the following information relating to P and M— (i) P's name, M's name and national insurance number (where this number is known to P), M's address immediately before she died and the date of M's death; and (ii) the start date of M's maternity pay period or maternity allowance period in respect of C or, where M's death occurred before her maternity allowance period or maternity pay period in respect of C started, the date that period would have started but for the fact that M had died;
; and
- (iii) sub-paragraph (e)(iii) shall not apply;
- (e) paragraph (4) shall not apply.
- (5) In regulation 8(3) (variation)—
- (a) sub-paragraph (a) shall apply as if the reference to M were omitted; and
- (b) sub-paragraph (b) shall not apply.
- (6) In regulation 10 (extent of entitlement), paragraph (1)(a) shall apply as if the number of weeks referred to is the number of weeks in which maternity allowance or statutory maternity pay was payable to M in respect of C up to the time of M's death.
Notification and variation: death of mother or partner after curtailment
2
- (1) In the case where—
- (a) P, who in connection with a claim by M would be required to satisfy the conditions specified in regulation 4(3), dies after M has reduced her maternity allowance period in respect of C under section 35(3A) of the 1992 Act or her maternity pay period in respect of C under section 165(3A) of the 1992 Act; and
- (b) before P dies M has not given the notices and information specified in regulation 6 (notice and evidential requirements relation to the mother),
then these Regulations apply in respect of any period after P dies, subject to the modifications in the following provisions of this paragraph.
- (2) In regulation 6 (notification and evidential requirements relating to the mother)—
- (a) paragraph (1)(a) shall apply as if it read—
(a) paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by M pursuant to paragraph (2)(d) or where it is not reasonably practicable for M to satisfy this requirement as soon as reasonably practicable after the death of P, but in any event before that period;
- (b) paragraph (1)(b) and (c) shall not apply;
- (c) in paragraph (2)—
- (i) sub-paragraph (a) shall apply as if the words “disregarding any intention of P to claim statutory shared parental pay in respect of C” were omitted;
- (ii) sub-paragraph (c) shall not apply;
- (d) in paragraph (3)—
- (i) sub-paragraph (a) shall not apply;
- (ii) sub-paragraph (d) shall apply as if it read—
(d) M's name, P's name and national insurance number (where this number is known to M), P's address immediately before P died and the date of P's death
- (e) paragraph (4) shall not apply.
- (3) In regulation 8 (variation)—
- (a) paragraph (2)(a) shall apply as if it read—
(a) of the number of weeks during which M and P have exercised, and the number of weeks M intends to exercise, an entitlement to statutory shared parental pay (birth) in respect of C
- (b) paragraph (2)(b) shall not apply.
- (4) In regulation 10 (extent of entitlement)—
- (a) paragraph (1)(b)(i) shall apply as if the words “P has notified P's intention to claim” to the end read “the number of weeks in which P claimed statutory shared parental pay (birth) in respect of C up to the time of P's death.”;
- (b) paragraph (7) shall apply as if the words “the last day of the latest period so notified” were “the time of P's death”.
3
- (1) In the case where—
- (a) P, who in connection with M's claim is required to satisfy the conditions specified in regulation 4(3), dies after M has reduced her maternity allowance period in respect of C under section 35(3A) of the 1992 Act or her maternity pay period in respect of C under section 165(3A) of the 1992 Act, and
- (b) before P dies M has given the notices and information specified in regulation 6 (notification and evidential requirements relating to the mother),
then these Regulations apply in respect of any period after P dies, subject to the modifications in the following provisions of this paragraph.
- (2) In regulation 8 (variation)—
- (a) paragraph (1) shall apply in relation to the first notice made under that paragraph following P's death as if at the end of that paragraph there is added—“or, where it is not reasonably practicable for M to satisfy this requirement, by notice in writing given to that employer as soon as reasonably practicable after the death of P, but in any event before that period and which states the date of P's death”;
- (b) paragraph (2)(a) shall apply as if it read—
(a) of the number of weeks during which M and P have exercised, and the number of weeks M intends to exercise, an entitlement to statutory shared parental pay (birth) in respect of C
- (c) paragraph (2)(b) shall not apply.
- (3) In regulation 10—
- (a) paragraph (1)(b)(i) shall apply as if the words “P has notified P's intention to claim” to the end read—
- (b) paragraph (7) shall apply as if the words “the last day of the latest period so notified” were “the time of P's death”.
4
- (1) In the case where—
- (a) M dies after she has reduced her maternity allowance period in respect of C under section 35(3A) of the 1992 Act or her maternity pay period in respect of C under section 165(3A) of the 1992 Act, and
- (b) before M dies P has not given the notices and information specified in regulation 7 (notification and evidential requirements relating to father or partner),
then these Regulations apply in respect of any period after M dies, subject to the modifications in the following provisions of this paragraph.
- (2) In regulation 2(1) (definitions) a person is to be regarded as falling within the definition of P if that person would have done so but for the fact that M has died.
- (3) In regulation 7 (notification and evidential requirements relating to P)—
- (a) in paragraph (1)—
- (i) sub-paragraph (a) shall apply as if it read—
(a) paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by P pursuant to paragraph (2)(d) or where it is not reasonably practicable for P to satisfy this requirement as soon as reasonably practicable after the death of M, but in any event before that period;
- (ii) sub-paragraphs (b) and (c) shall not apply;
- (b) in paragraph (2)—
- (i) sub-paragraph (a) shall apply as if the words “disregarding any intention of M to claim statutory shared parental pay in respect of C” were omitted;
- (ii) sub-paragraph (c) shall not apply;
- (c) in paragraph (3)—
- (i) sub-paragraph (a) shall not apply;
- (ii) sub-paragraph (d) shall apply as if it read—
(d) P's name, M's name and national insurance number (where this number is known to P), M's address immediately before she died and the date of M's death
- (iii) sub-paragraph (e)(iii) shall not apply;
- (d) paragraph (4) shall not apply.
- (4) In regulation 8(variation), in paragraph (3)—
- (a) sub-paragraph (a) shall apply as if it read—
(a) of the number of weeks during which P and M have exercised, and the number of weeks P intends to exercise, an entitlement to statutory shared parental pay (birth) in respect of C
- (b) sub-paragraph (b) shall not apply.
- (5) In regulation 10 (extent of entitlement)—
- (a) paragraph (1)(b)(ii) shall apply as if the words “M has notified M's intention to claim” to the end read—
- (b) paragraph (8) shall apply as if the words “the last day of the latest period” were “the time of M's death”.
5
- (1) In the case where—
- (a) M dies after she has reduced her maternity allowance period in respect of C under section 35(3A) of the 1992 Act or her maternity pay period in respect of C under section 165(3A) of the 1992 Act, and
- (b) before M dies P has given the notice and information specified in regulation 7 (notification and evidential requirements relating to father or mother's partner),
then these Regulations apply in in respect of any period after M dies subject to the modifications in the following provisions of this paragraph.
- (2) In regulation 8 (variation)—
- (a) paragraph (1) shall apply in relation to the first notice made under that regulation following M's death as if at the end of that paragraph there is added—“or, where it is not reasonably practicable for P to satisfy this requirement, by notice in writing given to that employer as soon as reasonably practicable after the death of M, but in any event before that period and which states the date of M's death”;
- (b) paragraph (3)(a) shall apply as if it read—
(a) of the number of weeks during which P and M have exercised, and the number of weeks P intends to exercise, an entitlement to statutory shared parental pay (birth) in respect of C
- (c) paragraph (3)(b) shall not apply.
- (3) In regulation 10 (extent of entitlement)—
- (a) paragraph (1)(b)(ii) shall apply as if the words “M has notified M's intention to claim” to the end read—
- (b) paragraph (8) shall apply as if the words “the last day of the latest period” were “the time of M's death”.
Death of child
6
- (1) In the case where M has given the notice and information in accordance with regulation 6(1) and then C dies, then in respect of any period after C dies paragraph (2)(f) of regulation 4 (entitlement of mother to statutory shared parental pay), shall not apply, and regulation 8 shall apply in accordance with sub-paragraph (3).
- (2) In the case where P has given the notices and information in accordance with regulation 7(1) and then C dies, then in respect of any period after C dies paragraph (2)(d) of regulation 5 (entitlement of father or partner to statutory shared parental pay) shall not apply and regulation 8 shall apply in accordance with sub-paragraph (3).
- (3) Where paragraph (1) or (2) applies, regulation 8 (variation) shall apply as if it read—
(1) M, or as the case may be, P may cancel the period or periods during which they intend to claim statutory shared parental pay (birth) by notice in writing which is given at least 8 weeks before the first period to be cancelled, or, if this is not reasonably practicable, as soon as reasonably practicable after the death of C, but in any event before that period to the employer who will be liable to pay statutory shared parental pay (birth) to M or P. (2) M and P may each only give one notice under paragraph (1).
- (4) Where more than one child is born of the same pregnancy—
- (a) sub-paragraphs (2) and (3) only apply where all the children die; and
- (b) a reference in this paragraph relating to the death of C (however expressed) is to the death of the last of those children to die.
PART 2 — STATUTORY SHARED PARENTAL PAY (ADOPTION)
Entitlement of adopter's partner to statutory shared parental pay (adoption) in the event of the death of adopter before curtailment
7
- (1) In a case where A dies before the end of A's adoption pay period in respect of C and without reducing that period under section 171ZN(2A) of the 1992 Act then these Regulations apply in respect of any period after A dies, subject to the modifications in the following provisions of this paragraph.
- (2) In regulation 2 a person is to be regarded as falling within the definition of AP if that person would have done so but for the fact that A had died.
- (3) In regulation 18 (entitlement of partner to statutory shared parental pay (adoption))—
- (a) paragraph (3)(d) shall not apply;
- (b) in the case where A dies before A's adoption pay period in respect of C starts, then the condition in paragraph (3)(c) shall be taken to be satisfied if it would have been satisfied but for the fact that A had died.
- (4) In regulation 20 (notification and evidential requirements relating to partner)—
- (a) paragraph (1)(a) shall apply as if it read—
(a) paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by AP pursuant to paragraph (2)(d) or, where it is not reasonably practicable for AP to satisfy this requirement, as soon as reasonably practicable after the death of A, but in any event before that week
- (b) paragraph (1)(b) and (c) shall not apply;
- (c) in paragraph (2)—
- (i) sub-paragraph (a) shall apply as if the words “disregarding any intention of A to claim statutory shared parental pay (adoption) in respect of C” were omitted,
- (ii) sub-paragraph (c) shall not apply;
- (d) in paragraph (3)—
- (i) sub-paragraph (a) shall not apply,
- (ii) sub-paragraph (d) shall apply as if it read—
(d) the following information about AP and A— (i) AP's name, A's name and national insurance number (where this number is known to AP), A's address immediately before she died and the date of A's death; and (ii) the start date of A's adoption pay period in respect of C;
- (iii) sub-paragraph (e)(iii) shall not apply;
- (e) paragraph (4) shall not apply.
- (5) In regulation 21(variation), in paragraph (3)—
- (a) sub-paragraph (a) shall apply as if the reference to A were omitted;
- (b) sub-paragraph (b) shall not apply.
- (6) In regulation 22 (extent of entitlement), paragraph (1)(a) shall apply as if the number of weeks referred to is the number of weeks in which statutory adoption pay was payable to A in respect of C up to the time of A's death.
Notification or variation: death of adopter or adopter's partner after curtailment
8
- (1) In the case where—
- (a) AP who in connection with a claim by A would be required to satisfy the conditions in regulation 17(3), dies after A has reduced A's adoption pay period in respect of C under section 171ZN(2A) of the 1992 Act, and
- (b) before AP dies A has not given the notice and information specified in regulation 19 (notification and evidential requirements relating to the adopter),
then these Regulations apply in respect of any period after AP dies, subject to the modifications in the following provisions of this paragraph.
- (2) In regulation 19 (notification and evidential requirements relating to the adopter)—
- (a) paragraph (1)(a) shall apply as if it read—
(a) paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by A pursuant to paragraph (2)(d) or, where it is not reasonably practicable for A to satisfy this requirement, as soon as reasonably practicable after the death of AP but in any event before that period;
- (b) paragraph (1)(b) and (c) shall not apply;
- (c) paragraph (2)(a) shall apply as if the words “disregarding any intention of AP to claim statutory shared parental pay (adoption) in respect of C” were omitted;
- (d) paragraph (2)(c) shall not apply;
- (e) paragraph (3)(a) shall not apply;
- (f) paragraph (3)(d) shall apply as if it read—
(d) A's name, AP's name and national insurance number (where this number is known to A), AP's address immediately before AP died and the date of AP's death
- (g) paragraph (4) shall not apply.
- (3) In regulation 21 (variation), in paragraph (3) sub-paragraph (a) shall apply as if it read—
(a) of the number of weeks during which A and AP have exercised, and the number of weeks A intends to exercise, an entitlement to statutory shared parental pay (adoption) in respect of C;
- (a) paragraph (b) shall not apply.
- (4) In regulation 22 (extent of entitlement to statutory shared parental pay (adoption))—
- (a) paragraph (1)(b)(i) shall apply as if the words “AP has notified AP's intention to claim” to the end read—
- (b) paragraph (5) shall apply as if the words “the last day of the latest period so notified” were “the time of AP's death”.
9
- (1) In the case where—
- (a) AP, who in connection with A's claim is required to satisfy the conditions specified in regulation 17(3), dies after A has reduced A's adoption pay period under section 171ZN(2A) of the 1992 Act, and
- (b) before AP dies A has given the notices and information specified in regulation 19 (notification and evidential requirements relating to the adopter),
then these Regulations apply in respect of any period after AP dies, subject to the modifications in the following provisions of this paragraph.
- (2) In regulation 21 (variation)—
- (a) paragraph (1) shall apply in relation to the first notice made under that paragraph following AP's death as if at the end of that paragraph there is added—“or, where it is not reasonably practicable for A to satisfy this requirement, by notice in writing given to that employer as soon as reasonably practicable after the death of AP, but in any event before that period and which states the date of AP's death”;
- (b) paragraph (2)(a) shall apply as if it read—
(a) of the number of weeks during which A and AP have exercised, and the number of weeks A intends to exercise, an entitlement to statutory shared parental pay (adoption) in respect of C;
- (c) paragraph (2)(b) shall not apply.
- (3) In regulation 22 (extent of entitlement)—
- (a) paragraph (1)(b)(i) shall apply as if the words “AP has notified AP's intention to claim” to the end read “the number of weeks in which AP claimed statutory shared parental pay (adoption) in respect of C up to the time of AP's death;”;
- (b) paragraph (5) shall apply as if the words “the last day of the latest period so notified” were “the time of AP's death”.
10
- (1) In the case where—
- (a) A dies after A has reduced A's adoption pay period in respect of C under section 171ZN(2A) of the 1992 Act, and
- (b) before A dies AP has not given the notice and information specified in regulation 20 (notification and evidential requirements relating to adopter's partner);
then the Regulations apply in respect of any period after A dies subject to the modifications in the following provisions of this paragraph.
- (2) In regulation 2(1) (definitions) a person is to be regarded as falling within the definition of AP if that person would have done so but for the fact that A has died.
- (3) In regulation 20 (notification and evidential requirements relating to partner)—
- (a) paragraph (1)(a) shall apply as if it read—
(a) paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by AP pursuant to paragraph (2)(d) or if it is not reasonably practicable for AP to satisfy this requirement as soon as reasonably practicable after the death of A, but in any event before that period;
- (b) paragraph (1)(b) and (c) shall not apply;
- (c) paragraph (2)(a) shall apply as if the words “disregarding any intention of A to claim statutory shared parental pay (adoption) in respect of C” were omitted;
- (d) paragraph (2)(c) shall not apply;
- (e) paragraph (3)(a) shall not apply;
- (f) paragraph (3)(d) shall apply as if it read—
(d) AP's name, A's name and national insurance number (where this number is known to AP), A's address immediately before A died and the date of A's death;
- (g) paragraph (4) shall not apply.
- (4) In regulation 21 (variation), in paragraph (3)—
- (a) sub-paragraph (a) shall apply as if it read—
(a) of the number of weeks during which AP and A have exercised, and the number of weeks AP intends to exercise, an entitlement to statutory shared parental pay (adoption) in respect of C
- (b) sub-paragraph (b) shall not apply.
- (5) In regulation 22 (extent of entitlement)—
- (a) paragraph (1)(b)(ii) shall apply as if the words “A has notified A's intention to claim” to the end read—
- (b) paragraph (6) shall apply as if the words “the last day of the latest period so notified” were “the time of A's death”.
11
- (1) In the case where—
- (a) A dies after A has reduced A's adoption pay period in respect of C under section 171ZN(2A) of the 1992 Act; and
- (b) before A dies AP has given the notice and information specified in regulation 20 (notification and evidential requirements relating to the partner);
then these Regulations apply in respect of any period after A dies subject to the modifications in the following provisions of this paragraph.
- (2) In regulation 21 (variation)—
- (a) paragraph (1) shall apply in relation to the first notice made under that regulation following A's death as if at the end of that paragraph there is added—“or, where is it not reasonably practicable for AP to satisfy this requirement, by notice in writing given to that employer as soon as reasonably practicable after the death of A, but in any event before that period and which states the date of A's death;”;
- (b) paragraph (3)(a) shall apply as it is read—
(a) of the number of weeks during which AP and A have exercised, and the number of weeks AP intends to exercise, an entitlement to statutory shared parental pay (adoption) in respect of C
- (c) paragraph (3)(b) shall not apply.
- (3) In regulation 22 (extent of entitlement)—
- (a) paragraph (1)(b)(ii) shall apply as if the words “A has notified A's intention to claim” to the end read—
- (b) paragraph (6) shall apply as if the words “the last day of the latest period so notified” were “the time of A's death”.
Death of child or disrupted placement
12
- (1) In the case where A has given the notices and information specified in regulation 19(1) and then C dies or is returned after being placed then in respect of any period after C dies or is returned after being placed paragraph (2)(f) of regulation 17 (entitlement of adopter to statutory shared parental pay) shall not apply and regulation 21 shall apply in accordance with sub-paragraph (3).
- (2) In the case where AP has given the notices and information specified in regulation 20(1) and then C dies or is returned after being placed then in respect of any period after C dies or is returned after being placed paragraph (2)(d) of regulation 18 (entitlement of adopter to statutory shared parental pay) shall not apply and regulation 21 shall apply in accordance with sub-paragraph (3).
- (3) Where paragraph (1) or (2) applies, regulation 21 (variation) shall apply as if it read—
(1) A or, as the case may be, AP may cancel the period or periods during which they intend to claim statutory shared parental pay (adoption) by notice in writing which is given at least 8 weeks before the first period to be cancelled or, if this is not reasonably practicable, as soon as reasonably practicable after the death of C or after C is returned after being placed, but in any event before that period to the employer who will be liable to pay statutory shared parental pay (adoption) to A or AP. (2) A and AP may each only give one notice under paragraph (1).
- (4) Where more than one child is placed for adoption as a result of the same placement—
- (a) sub-paragraphs (1) and (2) only apply where all the children die or, as the case may be, all the children are returned after being placed;
- (b) a reference in this paragraph to the death of C or to the return of C after being placed (however expressed) is to the death of the last of those children to die or is to the last of those children to be returned after being placed.
- (5) In this paragraph “returned after being placed” means—
- (a) returned to the adoption agency under sections 31 to 35 of the Adoption and Children Act 2002 ;
- (b) in Scotland, returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007 ; or
- (c) where the child is placed in accordance with section 22C of the Children Act 1989 , returned to the adoption agency following termination of the placement.
Signed
The Commissioners for Her Majesty's Revenue and Customs concur
Edward Troup — Jim Harra — Two of the Commissioners for Her Majesty's Revenue and Customs — 2014-11-18
Jo Swinson — Parliamentary Under Secretary of State for Employment Relations and Consumer Affairs — 2014-11-18
Explanatory note
(This note is not part of the Regulations)
Footnotes
[^f00001]: 1992 c.4; see section 171ZZ4(1) for the definition of “prescribed”; under section 175(1) regulations are made by the Secretary of State.
[^f00002]: 2014 c.6.
[^f00003]: See section 173(5) of the Social Security Administration Act 1992 (c.5). Pursuant to section 172 of that Act, where the Secretary of State proposes to make regulations under the Social Security Contributions and Benefits Act 1992, the Secretary of State is required to refer such proposals, normally in the form of draft regulations, to the Social Security Advisory Committee. This requirement does not apply where the regulations are contained in a statutory instrument made before the end of a period of six months beginning with the coming into force of the enactments by virtue or as a consequence of which the regulations are being made.
[^f00004]: Section 171ZU to section 171ZZ5 were inserted by the Children and Families Act 2014.
[^f00005]: 1992 c.5; section 5(5) was amended by the Children and Families Act 2014, Schedule 7, paragraph 24.
[^f00006]: 2002 c.38.
[^f00007]: 2007 asp 4.
[^f00008]: 1989 c.41; section 22C was inserted by section 8(1) of the Children and Young Persons Act 2008 (c.23).
[^f00009]: 1998 c.29.
[^f00010]: 1996 c.18; section 75E and 75G were inserted by the Children and Families Act 2014, section 117(1).
[^f00011]: Part 12ZC was inserted by section 119 of the Children and Families Act 2014.
[^f00012]: S.I. 2005/389.
[^f00013]: S.I. 2005/1313.
[^f00014]: S.S.I. 2009/154.
[^f00015]: S.I. 2010/959; amended by S.I. 2014/1556; there is another amending instrument but it is not relevant.
[^f00016]: S. I. 2005/389; amended by S.I. 2014/1556; there are other amending instruments but none is relevant.
[^f00017]: 1989 c.41; paragraph 12F was inserted by the Children and Young Persons Act 2008, Schedule 1, paragraph 4.
[^f00018]: S.I. 2005/389: amended by S.I. 2014/1556; there are other amending instruments but none is relevant.
[^f00019]: Section 165(3A) was inserted by section 120(4) of the Children and Families Act 2014.
[^f00020]: 1996 c.18.
[^f00021]: Section 35(3A) was inserted by section 120(2) of the Children and Families Act 2014.
[^f00022]: ‘employer’ is construed in accordance with section 171ZZ4(1) of the Social Security Contributions and Benefits Act 1992.
[^f00023]: Section 35(3)(a)(i) was amended by the Work and Families Act 2006, Schedule 1, paragraph 6.
[^f00024]: Section 165(4) was amended by the Work and Families Act 2006, Schedule 1, paragraph 7(3).
[^f00025]: Section 171ZN(2A) was inserted by section 120(6) of the Children and Families Act 2014.
[^f00026]: Section 171ZN was inserted by section 2 of the Employment Act 2002 (c.22) and amended by the Work and Families Act 2006, Schedule 1, paragraph 21(2) and (3).
[^f00027]: References to ‘employed earner’s employment’ are construed in accordance with section 2(3) of the Social Security Contributions and Benefits Act 1992.
[^f00028]: Section 35A(6A) was inserted by the Employment Act 2002, Schedule 7, paragraph 4(4).
[^f00029]: Section 2 was amended by the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6(2), paragraph 171.
[^f00030]: S.I. 2000/688 amended by S.I. 2002/ 2690, S.I. 2007/1154.
[^f00031]: S.I. 2001/1004, to which there are amendments not relevant to these Regulations.
[^f00032]: Section 10A was inserted by section 53 of the Social Security Act 1998 (c.14).
[^f00033]: Section 4B was inserted by section 1(1) of the National Insurance Contributions Act 2006 (c.10).
[^f00034]: 1992 c.52; section 189(1) was substituted by, section 189(1A) and (1B) was inserted by and subsection (4) was amended by S.I. 1999/1925; subsection (5) was amended by S.I.1995/2587 and subsection (5A) was inserted by the Enterprise and Regulatory Reform Act 2013 (c.24), Schedule 2, paragraphs 1 and 11 and was amended by S.I.2014/431.
[^f00035]: S.I. 1978/1689. amended by S.I. 1978/1689, 1980/1713, 1990/1894, 1994/726, 1998/1728, 2003/736, 2003/2420, 2004/1770, 2005/3133, 2006/1530 and 2014/635; there are other amending instruments but none is relevant.
[^f00036]: 1996 c.18.
[^f00037]: Section 110 was amended by sections 1(2)(a) and (c) and 12(1) to (3) and (5) of the Employment Rights (Dispute Resolution) Act 1998 c.8.
[^f00038]: 1996 c.17.
[^f00039]: 1995 c.18.
[^f00040]: 1985 c.17.
[^f00041]: 1999 c.2. Section 8(1) was amended by the Work and Families Act 2006 (c.18), Schedule 1, paragraph 46(1) and (2) and by the Children and Families Act 2014 (c.6), Schedule 7, paragraph 44 and 45.
[^f00042]: 1986 c.45.
[^f00043]: 1889 c.39. Section 11A was inserted by the Bankruptcy (Scotland) Act 1985 (c.66), Schedule 7, paragraph 4.
[^f00044]: 2000 asp 4.
[^f00045]: Section 35(3A) was inserted by section 120(2) of the Children and Families Act 2014.
[^f00046]: Section 165(3A) was inserted by section 120(4) of the Children and Families Act 2014.
[^f00047]: Section 171ZN(2A) was inserted by section 120(6) of the Children and Families Act 2014.
[^f00048]: 2002 c.38.
[^f00049]: 2007 asp. 4.
[^f00050]: 1989 c.41; section 22C was inserted by section 8(1) of the Children and Young Persons Act 2008 (c.23).
Editorial notes
[^c2226633]: 1992 c.4; see section 171ZZ4(1) for the definition of “prescribed”; under section 175(1) regulations are made by the Secretary of State.
[^c2226634]: 2014 c.6.
[^c2226635]: See section 173(5) of the Social Security Administration Act 1992 (c.5). Pursuant to section 172 of that Act, where the Secretary of State proposes to make regulations under the Social Security Contributions and Benefits Act 1992, the Secretary of State is required to refer such proposals, normally in the form of draft regulations, to the Social Security Advisory Committee. This requirement does not apply where the regulations are contained in a statutory instrument made before the end of a period of six months beginning with the coming into force of the enactments by virtue or as a consequence of which the regulations are being made.
[^c2226636]: Section 171ZU to section 171ZZ5 were inserted by the Children and Families Act 2014.
[^c2226637]: 1992 c.5; section 5(5) was amended by the Children and Families Act 2014, Schedule 7, paragraph 24.
[^c2226638]: 2002 c.38.
[^c2226639]: 2007 asp 4.
[^c2226640]: 1989 c.41; section 22C was inserted by section 8(1) of the Children and Young Persons Act 2008 (c.23).
[^c2226641]: 1998 c.29.
[^c2226642]: 1996 c.18; section 75E and 75G were inserted by the Children and Families Act 2014, section 117(1).
[^c2226643]: Part 12ZC was inserted by section 119 of the Children and Families Act 2014.
[^c2226644]: S.I. 2005/389.
[^c2226645]: S.I. 2005/1313.
[^c2226646]: S.S.I. 2009/154.
[^c2226647]: S.I. 2010/959; amended by S.I. 2014/1556; there is another amending instrument but it is not relevant.
[^c2226648]: S. I. 2005/389; amended by S.I. 2014/1556; there are other amending instruments but none is relevant.
[^c2226649]: 1989 c.41; paragraph 12F was inserted by the Children and Young Persons Act 2008, Schedule 1, paragraph 4.
[^c2226650]: S.I. 2005/389: amended by S.I. 2014/1556; there are other amending instruments but none is relevant.
[^c2226651]: Section 165(3A) was inserted by section 120(4) of the Children and Families Act 2014.
[^c2226652]: 1996 c.18.
[^c2226653]: Section 35(3A) was inserted by section 120(2) of the Children and Families Act 2014.
[^c2226654]: ‘employer’ is construed in accordance with section 171ZZ4(1) of the Social Security Contributions and Benefits Act 1992.
[^c2226655]: Section 35(3)(a)(i) was amended by the Work and Families Act 2006, Schedule 1, paragraph 6.
[^c2226656]: Section 165(4) was amended by the Work and Families Act 2006, Schedule 1, paragraph 7(3).
[^c2226657]: Section 171ZN(2A) was inserted by section 120(6) of the Children and Families Act 2014.
[^c2226658]: Section 171ZN was inserted by section 2 of the Employment Act 2002 (c.22) and amended by the Work and Families Act 2006, Schedule 1, paragraph 21(2) and (3).
[^c2226659]: References to ‘employed earner's employment’ are construed in accordance with section 2(3) of the Social Security Contributions and Benefits Act 1992.
[^c2226660]: Section 35A(6A) was inserted by the Employment Act 2002, Schedule 7, paragraph 4(4).
[^c2226661]: Section 2 was amended by the Income Tax (Earnings and Pensions) Act 2003 (c.1), Schedule 6(2), paragraph 171.
[^c2226662]: S.I. 2000/688 amended by S.I. 2002/ 2690, S.I. 2007/1154.
[^c2226663]: S.I. 2001/1004, to which there are amendments not relevant to these Regulations.
[^c2226664]: Section 10A was inserted by section 53 of the Social Security Act 1998 (c.14).
[^c2226665]: Section 4B was inserted by section 1(1) of the National Insurance Contributions Act 2006 (c.10).
[^c2226666]: 1992 c.52; section 189(1) was substituted by, section 189(1A) and (1B) was inserted by and subsection (4) was amended by S.I. 1999/1925; subsection (5) was amended by S.I.1995/2587 and subsection (5A) was inserted by the Enterprise and Regulatory Reform Act 2013 (c.24), Schedule 2, paragraphs 1 and 11 and was amended by S.I.2014/431.
[^c2226667]: S.I. 1978/1689. amended by S.I. 1978/1689, 1980/1713, 1990/1894, 1994/726, 1998/1728, 2003/736, 2003/2420, 2004/1770, 2005/3133, 2006/1530 and 2014/635; there are other amending instruments but none is relevant.
[^c2226668]: 1996 c.18.
[^c2226669]: Section 110 was amended by sections 1(2)(a) and (c) and 12(1) to (3) and (5) of the Employment Rights (Dispute Resolution) Act 1998 c.8.
[^c2226670]: 1996 c.17.
[^c2226671]: 1995 c.18.
[^c2226672]: 1985 c.17.
[^c2226673]: 1999 c.2. Section 8(1) was amended by the Work and Families Act 2006 (c.18), Schedule 1, paragraph 46(1) and (2) and by the Children and Families Act 2014 (c.6), Schedule 7, paragraph 44 and 45.
[^c2226674]: 1986 c.45.
[^c2226675]: 1889 c.39. Section 11A was inserted by the Bankruptcy (Scotland) Act 1985 (c.66), Schedule 7, paragraph 4.
[^c2226676]: 2000 asp 4.
[^c2226677]: Section 35(3A) was inserted by section 120(2) of the Children and Families Act 2014.
[^c2226678]: Section 165(3A) was inserted by section 120(4) of the Children and Families Act 2014.
[^c2226679]: Section 171ZN(2A) was inserted by section 120(6) of the Children and Families Act 2014.
[^c2226680]: 2002 c.38.
[^c2226681]: 2007 asp. 4.
[^c2226682]: 1989 c.41; section 22C was inserted by section 8(1) of the Children and Young Persons Act 2008 (c.23).
[^key-0ed46bbb978609d4a6f08a5d49164079]: Regulations applied (with modifications) (E.W.) (1.12.2014) by The Statutory Shared Parental Pay (Parental Order Cases) Regulations 2014 (S.I. 2014/3097), regs. 1, regs. 3-16
[^key-f07ba9e48109eecca5c1de064a447053]: Words in reg. 29(3) substituted (8.3.2015) by The Statutory Shared Parental Pay (General) (Amendment) Regulations 2015 (S.I. 2015/189), regs. 1, 2(2)(a)
[^key-46b600a9cc934cb2c4ac5cc25eb032e0]: Words in reg. 29(4) substituted (8.3.2015) by The Statutory Shared Parental Pay (General) (Amendment) Regulations 2015 (S.I. 2015/189), regs. 1, 2(2)(b)
[^key-4c8ffe91cad7859d969aa35d0bddaec5]: Words in reg. 31(1)(b) substituted (8.3.2015) by The Statutory Shared Parental Pay (General) (Amendment) Regulations 2015 (S.I. 2015/189), regs. 1, 2(3)
[^key-65eca10435b0f76bf26f9f4922f6aa1c]: Word in reg. 35(1)(a) substituted (8.3.2015) by The Statutory Shared Parental Pay (General) (Amendment) Regulations 2015 (S.I. 2015/189), regs. 1, 2(4)
[^key-1b609fd55e96253faedf53a3c2607104]: Word in reg. 36(1)(a) substituted (8.3.2015) by The Statutory Shared Parental Pay (General) (Amendment) Regulations 2015 (S.I. 2015/189), regs. 1, 2(5)(a)
[^key-8981a041b31c5d09040726f7b18010a7]: Reg. 36(1)(a) bracket inserted (8.3.2015) by The Statutory Shared Parental Pay (General) (Amendment) Regulations 2015 (S.I. 2015/189), regs. 1, 2(5)(b)
[^key-d817cf2226b11647b25deab1b7eba916]: Words in reg. 48(1)(c) substituted (8.3.2015) by The Statutory Shared Parental Pay (General) (Amendment) Regulations 2015 (S.I. 2015/189), regs. 1, 2(6)
[^key-fe09a30ea16bf27ab99d1da1b656e242]: Reg. 2 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014 (S.I. 2014/3093), regs. 1, 3(2)(a), 3(3), 3(4), regs. 4-16
[^key-79bbda88588b0dddf3bc4ed7abbb809a]: Reg. 3(b) applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014 (S.I. 2014/3093), regs. 1, 3(2)(b), 3(3), 3(4), regs. 4-16
[^key-5f8a0f068b2b110d65aa37c5ad60d467]: Pts. 3-5 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014 (S.I. 2014/3093), regs. 1, 3(2)(c), 3(3), 3(4), regs. 4-16
[^key-e8f3a7438f584a6e00c3852f0d5ab642]: Sch. Pt. 2 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014 (S.I. 2014/3093), regs. 1, 3(2)(d), 3(3), 3(4), regs. 4-16
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.