The Social Security (Paternity and Adoption) Amendment Regulations 2002

Amendment of the Housing Benefit Regulations E+W+S

4.— [F1 (1) The Housing Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “the Act” there shall be inserted the following definition—

““adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996;”;

and

(b) after the definition of “partner” there shall be inserted the following definition—

““paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996;”.

(3) In regulation 4 (remunerative work), in paragraph (6) M1 after “maternity leave” there shall be inserted “ , paternity leave or adoption leave ”.

(4) In regulation 21A (treatment of child care charges) M2 —

(a) in paragraph (7)—

(i) in sub-paragraph (a) for “woman on maternity leave” there shall be substituted “ person on maternity leave, paternity leave or adoption leave ”;

(ii) in sub-paragraph (a)(i) after “maternity leave” there shall be inserted “ , paternity leave or adoption leave ”;

(iii) in sub-paragraph (a)(iii) for the words from “or maternity” to the end, there shall be substituted “ , statutory paternity pay by virtue of section 171ZA or 171ZB of that Act M3 , statutory adoption pay by virtue of section 171ZL of that Act M4 , maternity allowance under section 35 of that Act M5 or qualifying support, ”;

(iv) in sub-paragraph (b) for “woman’s maternity leave” there shall be substituted “ person’s maternity leave, paternity leave or adoption leave ”;

(v) in sub-paragraph (b)(ii) and (iii) for “statutory maternity pay” there shall be substituted “ , qualifying support, statutory maternity pay, statutory paternity pay or statutory adoption pay ”; and

(vi) in sub-paragraph (c) for the words from “in this” to “means” there shall be substituted

“in this paragraph—

(i) “qualifying support” means income support to which that person is entitled by virtue of paragraph 14B of Schedule 1B of the Income Support (General) Regulations 1987; and

(ii) “tax credit” means”;

and

(b) in paragraph (8)—

(i) for “woman on maternity leave” there shall be substituted “ person on maternity leave, paternity leave or adoption leave ”; and

(ii) for “the maternity leave” there shall be substituted “ such leave ”.

(5) In regulation 28(1) (earnings of employed earners) M6 —

(a) in sub-paragraph (i) for “or statutory maternity pay” there shall be substituted, “ statutory maternity pay, statutory paternity pay or statutory adoption pay ”; and

(b) in sub-paragraph (j) after “maternity leave” there shall be inserted “ , paternity leave or adoption leave ”.

(6) In paragraph (3) of regulation 29 (calculation of net earnings of employed earners) M7 , in sub-paragraph (d), for “or statutory maternity pay” there shall be substituted, “ statutory maternity pay, statutory paternity pay or statutory adoption pay ”.]

Textual Amendments

F1 Reg. 5 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Marginal Citations

M1 Paragraph (6) was inserted in regulation 4 by S.I. 1993/2118.

M2 Regulation 21A was inserted by S.I. 1994/1924; the relevant amending instrument (which inserted paragraphs (7) and (8)) is S.I. 2001/1864.

M3 Sections 171ZA and 171ZB were inserted in the Social Security Contributions and Benefits Act 1992 (c. 4) by section 2 of the Employment Act 2002.

M4 Section 171ZL was inserted by section 4 of the Employment Act 2002.

M5 Section 35 was amended by section 53 of the Welfare Reform and Pensions Act 1999 (c. 30).

M6 Regulation 28(1) was amended (to substitute sub-paragraphs (h) to (j)) by S.I. 1993/2118.

M7 Regulation 29(3) was amended (to substitute sub-paragraphs (b) to (d)) by S.I. 1994/2137.