The Additional Statutory Paternity Pay (Birth, Adoption and Adoptions from Overseas) (Administration) Regulations (Northern Ireland) 2010

Provision of information relating to entitlement to additional statutory paternity pay

11.—(1) Where an employer, who has been given evidence of entitlement to additional statutory paternity pay pursuant to regulations made under section 167ZEC(3)(c) of the 1992 Act or under section 167ZEC(3)(c) of the 1992 Act as it applies to adoptions from overseas by a person who is or has been an employee, decides that they have no liability to make payments of additional statutory paternity pay to the employee, the employer shall furnish the employee with details of the decision and the reasons for it.

(2) Where an employer who has been given such evidence of an entitlement to additional statutory paternity pay has made one or more payments of additional statutory paternity pay to the employee but decides, before the end of the additional statutory paternity pay period, that they have no liability to make further payments to the employee because the employee has been detained in legal custody or sentenced to a term of imprisonment which was not suspended, the employer shall furnish the employee with—

(a) details of the employer’s decision and the reasons for it; and

(b) details of the last week in respect of which a liability to pay additional statutory paternity pay arose and the total number of weeks within the additional statutory paternity pay period in which such a liability arose.

(3) The employer shall—

(a) return to the employee any evidence provided by the employee as referred to in paragraph (1) or (2); and

(b) comply with the requirements imposed by paragraph (1) within 28 days of the day the employee gave notice of intended absence; and

(c) comply with the requirements imposed by paragraph (2) within seven days of being notified of the employee’s detention or sentence.