The Statutory Shared Parental Pay (General) Regulations 2014

Notification and variation: death of mother or partner after curtailment

5.—(1) In the case where—

(a) M dies after she has reduced her maternity allowance period in respect of C under section 35(3A) of the 1992 Act or her maternity pay period in respect of C under section 165(3A) of the 1992 Act, and

(b) before M dies P has given the notice and information specified in regulation 7 (notification and evidential requirements relating to father or mother’s partner),

then these Regulations apply in in respect of any period after M dies subject to the modifications in the following provisions of this paragraph.

(2) In regulation 8 (variation)—

(a) paragraph (1) shall apply in relation to the first notice made under that regulation following M’s death as if at the end of that paragraph there is added—

“or, where it is not reasonably practicable for P to satisfy this requirement, by notice in writing given to that employer as soon as reasonably practicable after the death of M, but in any event before that period and which states the date of M’s death”;

(b) paragraph (3)(a) shall apply as if it read—

“(a) of the number of weeks during which P and M have exercised, and the number of weeks P intends to exercise, an entitlement to statutory shared parental pay (birth) in respect of C”;

(c) paragraph (3)(b) shall not apply.

(3) In regulation 10 (extent of entitlement)—

(a) paragraph (1)(b)(ii) shall apply as if the words “M has notified M’s intention to claim” to the end read—

• “the number of weeks in which M claimed statutory shared parental pay (birth) in respect of C up to the time of M’s death”;

(b) paragraph (8) shall apply as if the words “the last day of the latest period” were “the time of M’s death”.