40.—(1) The weekly rate of payment of statutory shared parental pay is the smaller of the following two amounts—
(a)£138.18;
(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.