The Statutory Paternity Pay, Statutory Adoption Pay and Statutory Shared Parental Pay (Amendment) Regulations 2015

• Citation: S.I. 2015/2065
• Sections: 3

Section 1 Citation and commencement

(1) These Regulations may be cited as the Statutory Paternity Pay, Statutory Adoption Pay and Statutory Shared Parental Pay (Amendment) Regulations 2015.

(2) These Regulations come into force on 1st February 2016.

Section 2 Amendments to the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002

(1) The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 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.

Section 3 Amendments to the Statutory Shared Parental Pay (General) Regulations 2014

(1) The Statutory Shared Parental Pay (General) Regulations 2014 are amended in accordance with paragraphs (2) and (3).

(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.