The Statutory Shared Parental Pay (General) Regulations 2014

PART 1 U.K. GENERAL

Citation and commencement U.K.

1.  These Regulations may be cited as the Statutory Shared Parental Pay (General) Regulations 2014 and come into force on 1st December 2014.

Definitions U.K.

2.—(1) In these Regulations—

“1992 Act” means the Social Security Contributions and Benefits Act 1992;

“A” means a person with whom C is, or is expected to be, placed for adoption under the law of any part of the United Kingdom;

“AP” means a person who at the date C is placed for adoption is married to, or is the civil partner of, or is the partner of A;

“C” means the child in relation to whom entitlement to statutory shared parental pay arises;

“M” means the mother (or expectant mother) of C;

“P” means the father of C or a person who at the date of C's birth is married to, or is the civil partner of, or is the partner of M;

“actual week of birth”, in relation to a child, means the week beginning with midnight between Saturday and Sunday, in which the child was born;

“adoption agency” has the meaning given, in relation to England and Wales, by section 2 of the Adoption and Children Act 2002 M1 and in relation to Scotland, by section 119(1) of the Adoption and Children (Scotland) Act 2007 M2 ;

“child”, in relation to A, means a person who is, or when placed with A for adoption was, under the age of 18;

“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

“expected week of birth”, in relation to a child, means the week, beginning with midnight between Saturday and Sunday, in which, as appropriate, it is expected that the child will be born, or was expected that the child would be born;

“partner”, in relation to M or A, means a person (whether of a different sex or the same sex) who lives with, as the case may be, M or A as well as C in an enduring family relationship but is not a relative of M or A of a kind specified in paragraph (2);

“placed for adoption” means—

(a)

placed for adoption under the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007; or

(b)

placed in accordance with section 22C of the Children Act 1989 M3 with a local authority foster parent who is also a prospective adopter;

“processing”, in relation to information, has the meaning given by section 1(1) of the Data Protection Act 1998 M4 ;

“shared parental leave” means leave under section 75E or 75G of the Employment Rights Act 1996 M5 ;

“statutory shared parental pay” means statutory shared parental pay payable in accordance with Part 12ZC of the 1992 Act M6 ;

“statutory shared parental pay (adoption)” means statutory shared parental pay payable where entitlement to that pay arises under regulation 17 or 18;

“statutory shared parental pay (birth)” means statutory shared parental pay payable where entitlement to that pay arises under regulation 4 or 5;

“week” in Parts 2, 3 and 5 means a period of seven days.

(2) The relatives of M or A referred to in the definition of “partner” in paragraph (1) are M's, or, A's parent, grandparent, sister, brother, aunt, uncle, child, grandchild, niece or nephew.

(3) References to relationships in paragraph (2)—

(a) are to relationships of the full-blood or half-blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption; and

(b) include the relationship of a child with his adoptive, or former adoptive parents, but do not include any other adoptive relationship.

(4) For the purpose of these Regulations—

(a) a person is matched with a child for adoption when an adoption agency decides that that person would be a suitable adoptive parent for the child;

(b) in a case where paragraph (a) applies, a person is notified as having been matched with a child on the date that person receives notification of the agency's decision, under regulation 33(3)(a) of the Adoption Agencies Regulations 2005 M7 , regulation 28(3) of the Adoption Agencies (Wales) Regulations 2005 M8 or regulation 8(5) of the Adoption Agencies (Scotland) Regulations 2009 M9 ;

(c) a person is also matched with a child for adoption when a decision has been made in accordance with regulation 22A of the Care Planning, Placement and Case Review (England) Regulations 2010 M10 and an adoption agency has identified that person with whom the child is to be placed in accordance with regulation 12B of the Adoption Agencies Regulations 2005 M11 ;

(d) in a case where paragraph (c) applies, a person is notified as having been matched with a child on the date on which that person receives notification in accordance with regulation 12B(2)(a) of the Adoption Agencies Regulations 2005.

(5) The reference to “local authority foster parent” in the definition of “placed for adoption” in paragraph (1) means a person approved as a local authority foster parent in accordance with regulations made by virtue of paragraph 12F of Schedule 2 to the Children Act 1989 M12 .

(6) The reference to “prospective adopter” in the definition of “placed for adoption” in paragraph (1) means a person who has been approved as suitable to adopt a child and has been notified of that decision in accordance with regulation 30B(4) of the Adoption Agencies Regulations 2005 M13 .

Marginal Citations

M1 2002 c.38.

M2 2007 asp 4.

M3 1989 c.41; section 22C was inserted by section 8(1) of the Children and Young Persons Act 2008 (c.23).

M4 1998 c.29.

M5 1996 c.18; section 75E and 75G were inserted by the Children and Families Act 2014, section 117(1).

M6 Part 12ZC was inserted by section 119 of the Children and Families Act 2014.

M7 S.I. 2005/389.

M8 S.I. 2005/1313.

M9 S.S.I. 2009/154.

M10 S.I. 2010/959; amended by S.I. 2014/1556; there is another amending instrument but it is not relevant.

M11 S. I. 2005/389; amended by S.I. 2014/1556; there are other amending instruments but none is relevant.

M12 1989 c.41; paragraph 12F was inserted by the Children and Young Persons Act 2008, Schedule 1, paragraph 4.

M13 S.I. 2005/389: amended by S.I. 2014/1556; there are other amending instruments but none is relevant.

Application U.K.

3.  These Regulations apply in relation to—

(a) statutory shared parental pay (birth) in respect of children whose expected week of birth begins on or after 5th April 2015;

(b) statutory shared parental pay (adoption) in respect of children placed for adoption on or after 5th April 2015.