The Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002

[F1Time off in connection with [F2childbirth] and adoptionU.K.

5.—(1) This regulation applies for any period during which a person—

(a)is paid maternity allowance,

(b)is paid statutory maternity pay,

(c)is absent from work during an ordinary maternity leave period under section 71 of the Employment Rights Act 1996 or Article 103 of the Employment Rights (Northern Ireland) Order 1996,

[F3(ca)is absent from work during the first 13 weeks of an additional maternity leave period under section 73 of the Employment Rights Act 1996 or article 105 of the Employment Rights (Northern Ireland) Order 1996,]

(d)is paid [F4ordinary statutory paternity pay],

[F5(da)is paid additional statutory paternity pay,]

[F6(e)is absent from work during an ordinary paternity leave period under sections 80A or 80B of the Employment Rights Act 1996 or Articles 112A or 112B of the Employment Rights (Northern Ireland) Order 1996,]

[F7(ea)is absent from work during an additional paternity leave period under sections 80AA or 80BB of the Employment Rights Act 1996 or Articles 112AA or 112BB of the Employment Rights (Northern Ireland) Order 1996,]

(f)is paid statutory adoption pay, F8...

(g)is absent from work during an ordinary adoption leave period under section 75A of the Employment Rights Act 1996 or Article 107A of the Employment Rights (Northern Ireland) Order 1996[F9, or

(ga)is absent from work during the first 13 weeks of an additional adoption leave period under section 75B of the Employment Rights Act 1996 or article 107B of the Employment Rights (Northern Ireland) Order 1996]

(2) For the purposes of the [F10conditions of entitlement in this Part], the person is treated as being engaged in qualifying remunerative work during the period.

  • This is subject to [F11paragraphs (3) and (3A)].

(3) The person must have been engaged in qualifying remunerative work immediately before the beginning of the period.

[F12(3A) A person shall only be treated as being engaged in qualifying remunerative work by virtue of paragraph (1)(ea) for such period as that person would have been paid additional statutory paternity pay had the conditions of entitlement in Parts 2 or 3 of the Additional Statutory Paternity Pay (General) Regulations 2010 or Parts 2 or 3 of the Additional Statutory Paternity Pay (General) Regulations (Northern Ireland) 2010 been satisfied.]

(4) A person who is self-employed is treated as engaged in qualifying remunerative work for the requisite number of hours during any period for which paragraph (1) would have applied in his case but for the fact that the work he performed in the week immediately before the period began, although done for payment or in the expectation of payment, was not performed under a contract of service or apprenticeship.]

Textual Amendments