PART 3Working-age benefits
CHAPTER 4Entitlement to work
Entitlement to work: maternity allowance and statutory payments68
1
The Contributions and Benefits Act is amended as follows.
2
In section 35 (state maternity allowance)—
a
in subsection (1), after paragraph (d) insert—
and
e
at the commencement of the week referred to in paragraph (a) above she was entitled to engage in the employment referred to in paragraph (b) above.
b
in subsection (3), before paragraph (a) insert—
za
for circumstances in which subsection (1)(e) above does not apply;
3
In section 160 (statutory maternity pay)—
a
in subsection (2), after paragraph (a) insert—
aa
that at the end of the week immediately preceding that 14th week she was entitled to be in that employment;
b
in subsection (9), after paragraph (d) insert—
da
provide for circumstances in which subsection (2)(aa) above does not apply;
4
In section 167ZA (statutory paternity pay: birth)—
a
in subsection (2), after paragraph (b) insert—
ba
that at the end of the relevant week he was entitled to be in that employment;
b
after subsection (3) insert—
3A
Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.
5
In section 167ZB (statutory paternity pay: adoption)—
a
in subsection (2), after paragraph (b) insert—
ba
that at the end of the relevant week he was entitled to be in that employment;
b
after subsection (3) insert—
3A
Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.
6
In section 167ZL (statutory adoption pay: entitlement)—
a
in subsection (2), after paragraph (b) insert—
ba
that at the end of the relevant week he was entitled to be in that employment;
b
in subsection (3), after “(2)(b)” insert “
, (ba)
”
;
c
in subsection (8), before paragraph (a) insert—
za
exclude the application of subsection (2)(ba) above in prescribed circumstances;
7
After section 169 (age) insert—
169AEntitlement to be in employment
For the purposes of this Act a person is entitled to engage in or to be in any employment if (and only if)—
a
the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or
b
the person has been granted such leave and—
i
the leave is not invalid,
ii
the leave has not for any reason ceased to have effect, and
iii
the leave is not subject to a condition preventing the person from accepting that employment.
8
In Schedule 11 (statutory sick pay: circumstances in which periods of entitlement do not arise)—
a
in paragraph 2, after sub-paragraph (h) insert—
i
the employee is not entitled to be in his employment on the relevant date.
b
after paragraph 8 insert—
9
Paragraph 2(i) above does not apply in prescribed circumstances.