The Additional Statutory Paternity Pay (General) Regulations 2010

Entitlement to additional statutory paternity pay (birth)

4.—(1) A person (“P”) is entitled to additional statutory paternity pay (birth) if—

(a) P satisfies the conditions–

(i) as to relationship with a child (“C”) and with C’s mother (“M”) specified in paragraph (2); and

(ii) as to continuity of employment and normal weekly earnings specified in paragraph (3);

(b) M satisfies the conditions specified in regulation 6;

(c) P intends to care for C during the additional statutory paternity pay period (birth) in respect of C;

(d) M has signed the declaration referred to in regulation 8(1)(c); and

(e) P has complied with the requirements of regulation 8 including, where applicable, the requirements in regulation 8(3).

(2) The conditions referred to in paragraph (1)(a)(i) are that—

(a) P is either—

(i) C’s father; or

(ii) is married to, or is the civil partner or the partner of, M but is not C’s father; and

(b) P has, or expects to have, the main responsibility (apart from any responsibility of M) for the upbringing of C.

(3) Subject to regulation 5, the conditions referred to in paragraph (1)(a)(ii) are that—

(a) P has been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the relevant week;

(b) P’s normal weekly earnings for the period of eight weeks ending with the relevant week are not less than the lower earnings limit in force under section 5(1)(a) of the Act at the end of the relevant week; and

(c) P continues in employed earner’s employment with the employer by reference to whom the condition in sub-paragraph (a) is satisfied for a continuous period beginning with the relevant week and ending with the week before the additional statutory paternity pay period (birth) in respect of C begins.

(4) The references in paragraph (3) to the relevant week are to the week immediately preceding the 14th week before C’s expected week of birth.