The Statutory Shared Parental Pay (General) Regulations (Northern Ireland) 2015

Notification or variation: death of adopter or adopter’s partner after curtailment

10.—(1) In the case where—

(a) A dies after A has reduced A’s adoption pay period in respect of C under section 167ZN(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—

“the number of weeks in which A claimed statutory shared parental pay (adoption) in respect of C up to the time of A’s death;”;

(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”.