Statutory Instruments
2015 No. 2065
Terms And Conditions Of Employment
The Statutory Paternity Pay, Statutory Adoption Pay and Statutory Shared Parental Pay (Amendment) Regulations 2015
Made
17th December 2015
Laid before Parliament
22nd December 2015
Coming into force
1st February 2016
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 171ZJ(1) and (5), 171ZS(1) and (5) and 171ZZ4(1) and (5) of the Social Security Contributions and Benefits Act 1992( 1 ). The Social Security Advisory Committee has agreed that proposals in respect of these Regulations need not be referred to it( 2 ).
Citation and commencement
(2) These Regulations come into force on 1st February 2016.
Amendments to the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002
2. —(1)The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002( 3 ) are amended in accordance with paragraph (2).
(2) After regulation 35 (continuous employment and stoppages of work) insert—
“ Meaning of “week”
35A. —(1) This regulation applies where a person (“P”) has been in employed earner’s employment with the same employer in each of 26 consecutive weeks (but no more than 26 weeks), ending with—
(a) in relation to P’s entitlement to statutory paternity pay (birth), the week immediately preceding the 14th week before the expected week of the child’s birth, or
(b) in relation to P’s entitlement to statutory paternity pay (adoption), the week in which P is notified that P has been matched with the child for the purposes of adoption.
(2) For the purpose of determining whether P’s employment amounts to a continuous period of at least 26 weeks (see sections 171ZA(2)(b) and 171ZL(2)(b) of the Act) , the first of those 26 weeks is a period commencing on the first day of P’s employment with the employer (“the start date”) and ending at midnight on—
(a) the first Saturday after the start date, or
(b) where the start date is a Saturday, that day. ” .
Amendments to the Statutory Shared Parental Pay (General) Regulations 2014
(2) In regulation 30 (conditions as to continuity of employment and normal weekly earnings relating to a claimant for statutory shared parental pay (birth)), after paragraph (1) insert—
“ (1A) Paragraph (1B) applies where a person has been in employed earner’s employment with the same employer in each of 26 consecutive weeks (but no more than 26 weeks), ending with the relevant week.
(1B) For the purpose of determining whether a person meets the condition in paragraph (1)(a), the first of those 26 weeks is a period commencing on the first day of the person’s employment with the employer (“the start date”) and ending at midnight on—
(a) the first Saturday after the start date, or
(b) where the start date is a Saturday, that day. ” .
(3) In regulation 31 (conditions as to continuity of employment and normal weekly earnings in relation to a claimant for statutory shared parental pay (adoption)), after paragraph (1) insert—
“ (1A) Paragraph (1B) applies where a person has been in employed earner’s employment with the same employer in each of 26 consecutive weeks (but no more than 26 weeks), ending with the relevant week.
(1B) For the purpose of determining whether a person meets the condition in paragraph (1)(a), the first of those 26 weeks is a period commencing on the first day of the person’s employment with the employer (“the start date”) and ending at midnight on—
(a) the first Saturday after the start date, or
(b) where the start date is a Saturday, that day. ” .
Nick Boles
Minister of State for Skills
Department for Business, Innovation and Skills
17th December 2015
Section 171ZJ was inserted by the Employment Act 2002 (c.22) , section 2, and subsection (5) was amended by the Children and Families Act 2014 (c.6) , section 126(1) and Schedule 7, paragraph 21(2); section 171ZS was inserted by the Employment Act 2002, section 4; section 171ZZ4 was inserted by the Children and Families Act 2014, section 119(1).
See sections 172(1) and 173(1)(b) of the Social Security Administration Act 1992 (c.5) .
S.I. 2002/2822 , to which there are amendments not relevant to these Regulations.
S.I. 2014/3051 , to which there are amendments not relevant to these Regulations.