PART 2SHARED RIGHTS TO LEAVE AND PAY
Statutory shared parental pay
I16Exclusion or curtailment of other statutory rights to pay
1
The Contributions and Benefits Act is amended as follows.
2
In section 35 (entitlement to maternity allowance), after subsection (3) insert—
3A
Regulations may provide for the duration of the maternity allowance period as it applies to a woman to be reduced, subject to prescribed restrictions and conditions.
3B
Regulations under subsection (3A) are to secure that the reduced period ends at a time—
a
after a prescribed period beginning with the day on which the woman is confined; and
b
when at least a prescribed part of the maternity allowance period remains unexpired.
3C
Regulations under subsection (3A) may, in particular, prescribe restrictions and conditions relating to—
a
the end of the woman's entitlement to maternity leave;
b
the doing of work by the woman;
c
the taking of prescribed steps by the woman or another person as regards leave under Article 107E of the Employment Rights Order in respect of the child;
d
the taking of prescribed steps by a person other than the woman as regards statutory shared parental pay in respect of the child.
3D
Regulations may provide for a reduction in the duration of the maternity allowance period as it applies to a woman to be revoked, subject to prescribed restrictions and conditions.
3
In section 35, after subsection (3D) (as inserted by subsection (2)) insert—
3E
A woman who would, but for the reduction in duration of a maternity pay period by virtue of section 161(3A), be entitled to statutory maternity pay for a week is not entitled to a maternity allowance for that week.
4
In section 161 (the maternity pay period), after subsection (3) insert—
3A
Regulations may provide for the duration of the maternity pay period as it applies to a woman to be reduced, subject to prescribed restrictions and conditions.
3B
Regulations under subsection (3A) are to secure that the reduced period ends at a time—
a
after a prescribed period beginning with the day on which the woman is confined; and
b
when at least a prescribed part of the maternity pay period remains unexpired.
3C
Regulations under subsection (3A) may, in particular, prescribe restrictions and conditions relating to—
a
the end of the woman's entitlement to maternity leave;
b
the doing of work by the woman;
c
the taking of prescribed steps by the woman or another person as regards leave under Article 107E of the Employment Rights Order in respect of the child;
d
the taking of prescribed steps by the woman or another person as regards statutory shared parental pay in respect of the child.
3D
Regulations may provide for a reduction in the duration of the maternity pay period as it applies to a woman to be revoked, or to be treated as revoked, subject to prescribed restrictions and conditions.
5
In section 167ZE (rate and period of statutory paternity pay), after subsection (3) insert—
3A
Statutory paternity pay is not payable to a person in respect of a statutory pay week if—
a
statutory shared parental pay is payable to that person in respect of any part of that week or that person takes shared parental leave in any part of that week; or
b
statutory shared parental pay was payable to that person or that person has taken shared parental leave in respect of the child before that week.
6
In section 167ZN (rate and period of statutory adoption pay), after subsection (2) insert—
2A
Regulations may provide for the duration of the adoption pay period as it applies to a person (“A”) to be reduced, subject to prescribed restrictions and conditions.
2B
Regulations under subsection (2A) are to secure that the reduced period ends at a time—
a
after a prescribed part of the adoption pay period has expired; and
b
when at least a prescribed part of the adoption pay period remains unexpired.
2C
Regulations under subsection (2A) may, in particular, prescribe restrictions and conditions relating to—
a
the end of A's entitlement to adoption leave;
b
the doing of work by A;
c
the taking of prescribed steps by A or another person as regards leave under Article 107G of the Employment Rights Order in respect of the child;
d
the taking of prescribed steps by A or another person as regards statutory shared parental pay in respect of the child.
2D
Regulations may provide for a reduction in the duration of the adoption pay period as it applies to a person to be revoked, or to be treated as revoked, subject to prescribed restrictions and conditions.