PART 3APPLICATION AND MODIFICATION OF THE PAY REGULATIONS IN PARENTAL ORDER CASES
Application of the Pay Regulations to intended parents and parental order parents6
F11
The provisions of the Pay Regulations, in so far as they apply to statutory paternity pay (adoption), shall apply to a section 54 parental order parent with the modifications set out in this Part of these Regulations.
1A
The provisions of the Pay Regulations, in so far as they apply to statutory adoption pay, shall apply to—
a
a section 54 parental order parent; and
b
a section 54A parental order parent,
with the modifications set out in this Part of these Regulations.
2
In this regulation—
“statutory adoption pay” means statutory adoption pay payable in accordance with the provisions of Part 12ZB of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“statutory paternity pay (adoption)” means statutory paternity pay payable in accordance with the provisions of Part 12ZA of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 where the conditions specified in section 167ZB(2) of that Act are satisfied.
7
In regulation 2 (interpretation) of the Pay Regulations as they apply to an intended parent or a parental order parent—
a
paragraph (1) shall read as if—
i
the definition of “adopter” were omitted;
ii
there were the following definitions—
F2“intended parent”, in relation to a child, means a person who, on the day of the child’s birth—
- a
applies, or intends to apply during the period of 6 months beginning with that day—
- i
with another person for an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the child; or
- ii
as the sole applicant for an order under section 54A of that Act in respect of the child; and
- b
expects the court to make such an order in respect of the child;
“Parent A” in relation to a child means F3the section 54 parental order parent who has elected to be Parent A;
F4...
F5“section 54 parental order parent” means a person—
- a
on whose application the court has made an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of a child; or
- b
who is an intended parent of a child by reference to an application or intended application for such an order;
F5“section 54A parental order parent” means a person—
- a
on whose application the court has made an order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of a child; or
- b
who is an intended parent of a child by reference to an application or intended application for such an order;
“statutory shared parental pay” means statutory shared parental pay payable in accordance with Part 12ZC of the Act M1;
8
In regulation 3 (application) of the Pay Regulations F8as they apply to a section 54 parental order parent —
a
paragraph (1)(b) shall read as if sub-paragraphs (i) and (ii) were omitted and replaced by—
whose expected week of birth begins on or after 5th April 2015
b
paragraph (2) shall read as if sub-paragraphs (a) and (b) were omitted and replaced by—
whose expected week of birth begins on or after 5th April 2015
F328A
Regulation 3 (application) of the Pay Regulations as they apply to a section 54A parental order parent shall read as if—
a
paragraph (1) were omitted; and
b
for paragraph (2) there were substituted—
2
Subject to the provisions of Part 12ZB of the Act (statutory adoption pay) and of these Regulations, there is entitlement to statutory adoption pay in respect of children whose expected week of birth begins on or after the day which follows the last day of the period of 120 days beginning with the day on which the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 comes into force.
9
In regulation 11 (conditions of entitlement) of the Pay Regulations F9as they apply to a section 54 parental order parent —
a
paragraph (1) shall apply as if sub-paragraphs (a) and (b) were omitted and replaced by—
a
is F10a section 54 parental order parent in relation to the child;
b
is married to, the civil partner or the partner of Parent A; and
c
has or expects to have the main responsibility for the upbringing of the child (apart from the responsibility of Parent A).
b
paragraph (2) shall read as if the words “the adopter” in both places where those words occur were “Parent A”;
c
paragraph (2A) M2 shall read as if the words “the adopter” and “the adopter's” were respectively “Parent A” and “Parent A's”.
10
Regulation 11A M3 (notice of entitlement to statutory paternity pay (adoption)) of the Pay Regulations F11as they apply to a section 54 parental order parent shall apply as if paragraphs (a) and (b) read—
a
in or before the 15th week before the expected week of the child's birth; or
b
in a case where it was not reasonably practicable for the employee to give the notice in accordance with paragraph (a), as soon as reasonably practicable.
11
In regulation 12 (period of payment of statutory paternity pay (adoption)) of the Pay Regulations F12as they apply to a section 54 parental order parent —
a
paragraph (1) shall apply as if that paragraph read—
1
Subject to regulation 14, a person entitled to statutory paternity pay (adoption) may choose the statutory pay period to begin—
a
on the date on which the child is born or, where the person is at work on that day, the following day;
b
the date falling such number of days after the date on which the child is born as the person may specify; or
c
a predetermined date, specified by the person which is later than the expected week of the child's birth.
b
paragraph (2) shall not apply;
c
paragraph (4) M4 shall apply as if sub-paragraphs (a) to (c) read—
a
where the variation is to provide for the employee's statutory paternity pay period to begin on the date on which the child is born, or where the employee is at work on that day, the following day, at least 28 days before the first day of the expected week of the child's birth,
b
where the variation is to provide for the employee's statutory paternity pay period to begin on a date that is a specified number of days (or a different specified number of days) after the date on which the child is born, at least 28 days before the date falling that number of days after the first day of the expected week of the child's birth,
c
where the variation is to provide for the employee's statutory paternity pay period to begin on a predetermined date (or a different predetermined date), at least 28 days before that date,
12
In regulation 13 (additional notice requirements for statutory paternity pay (adoption)) of the Pay Regulations F13as they apply to a section 54 parental order parent —
a
paragraph (1) shall read as if the words “the date on which the placement occurred” were “the date on which the child was born”;
b
paragraph (2) shall read as if the words “is placed for adoption” were “is born”.
13
In regulation 14 (qualifying period for statutory paternity pay (adoption)) of the Pay Regulations F14as they apply to a section 54 parental order parent shall read as if the words “of 56 days” to the end were omitted and replaced by—
which begins on the date of the child's birth and ends—
a
except in the case referred to in paragraph (b), 56 days after that date;
b
in a case where the child is born before the first day of the expected week of its birth, 56 days after that day.
14
In regulation 15 (evidence of entitlement for statutory paternity pay (adoption)) of the Pay Regulations F15as they apply to a section 54 parental order parent —
a
paragraph (2)(b) shall apply as if that paragraph read—
b
the expected week of the child's birth;
b
paragraph (2)(e) shall apply as if that paragraph read—
e
the date on which the child was born
c
paragraph (3) shall apply as if sub-paragraphs (a) and (b) M5 read—
a
in or before the 15th week before the expected week of the child's birth;
b
in a case where it was not reasonably practicable for the employee to provide it in accordance with sub-paragraph (a), as soon as reasonably practicable.
d
paragraph (4) shall read as if the words “child's placement” were “child's birth”.
15
In regulation 16 (entitlement to statutory paternity pay (adoption) where there is more than one employer) of the Pay Regulations F16as they apply to a section 54 parental order parent , paragraph (b) shall read as if the words “in which the adopter is notified of being matched with the child” were “immediately preceding the 14th week before the expected week of the child's birth”.
16
In regulation 20 (avoidance of liability for statutory paternity pay) of the Pay Regulations F17as they apply to a section 54 parental order parent , paragraph (2)(a) shall read as if the words “or, as the case may be, the placement of the child for adoption” were omitted.
17
1
In regulation 21 (adoption pay period) of the Pay Regulations F18as they apply to a section 54 parental order parent or a section 54A parental order parent , paragraph (1) shall read as if that paragraph read—
1
The adoption pay period in respect of a person entitled to statutory adoption pay shall begin on the day on which the child is born or, where the person is at work on that day, the following day.
2
Paragraph (2), (3), (4) and (6) shall not apply.
18
In regulation 22 (adoption pay period in cases where adoption is disrupted) of the Pay Regulations F19as they apply to a section 54 parental order parent —
a
paragraph (1) shall apply as if that paragraph read—
1
The adoption pay period shall terminate in accordance with the provisions of paragraph (2) where—
a
the child dies;
F20b
the section 54 parental order parent who is entitled to statutory adoption pay does not apply for an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the child within the time limit set by subsection (3) of that section;
c
the person's application for F21an order under that section in respect of the child is refused, withdrawn or otherwise terminated and any time limit for an appeal or a new application has expired;
b
in paragraph (3)—
i
sub-paragraph (a) shall apply as if the reference to paragraph (1)(a)(i) were a reference to paragraph (1)(a);
ii
sub-paragraph (b) shall apply as if that sub-paragraph read—
b
in a case falling within paragraph (1)(b) the week during which the time limit in section 54(3) of the Human Fertilisation and Embryology Act 2008 for an application for F22an order under that section for the child expires;
iii
sub-paragraph (c) shall apply as if that sub-paragraph read—
c
in a case falling within paragraph (1)(c) the week during which the person's application for F23an order under that section is refused, withdrawn or otherwise terminated without the order being granted.
F3318A
In regulation 22 (adoption pay period in cases where adoption is disrupted) of the Pay Regulations as they apply to a section 54A parental order parent—
a
paragraph (1) shall apply as if that paragraph read—
1
The adoption pay period shall terminate in accordance with the provisions of paragraph (2) where—
a
the child dies;
b
the section 54A parental order parent does not apply for an order under section 54A of the Human Fertilisation and Embryology Act 2008 in respect of the child within the time limit set by subsection (2) of that section; or
c
the section 54A parental order parent’s application for an order under that section in respect of the child is refused, withdrawn or otherwise terminated and any time limit for an appeal or a new application has expired.
b
in paragraph (3)—
i
sub-paragraph (a) shall apply as if the reference to paragraph (1)(a)(i) were a reference to paragraph (1)(a);
ii
sub-paragraph (b) shall apply as if that sub-paragraph read—
b
in a case falling within paragraph (1)(b) the week during which the time limit in section 54A(2) of the Human Fertilisation and Embryology Act 2008 for an application for an order under that section for the child expires;
iii
sub-paragraph (c) shall apply as if that sub-paragraph read—
c
in a case falling within paragraph (1)(c) the week during which the section 54A parental order parent’s application for an order under that section is refused, withdrawn or otherwise terminated without the order being granted.
19
In regulation 23 (additional notice requirements for statutory adoption pay) of the Pay Regulations F24as they apply to a section 54 parental order parent or a section 54A parental order parent —
a
paragraph (1) shall read as if the words “the date on which the child is expected to be placed for adoption” were “the expected week of the child's birth”;
b
paragraph (2) shall read as if—
i
the words from “Where the choice” to “sub-paragraph (a) of that paragraph,” were omitted;
ii
the words “the date the child is placed for adoption” were “the date on which the child is born”.
20
In regulation 24 (evidence of entitlement to statutory adoption pay) of the Pay Regulations F25as they apply to a section 54 parental order parent —
a
in paragraph (1), sub-paragraph (a) shall apply as if that sub-paragraph read—
a
a statutory declaration specified in paragraph (2) where the person who will be liable to pay the statutory adoption pay requests it in accordance with paragraph (3); and
b
paragraph (2) shall apply as if that paragraph read—
2
The statutory declaration referred to in paragraph (1)(a) is a statutory declaration stating that the person making the declaration—
a
has applied, or intends to apply, under section 54 of the Human Fertilisation and Embryology Act 2008 with another person for a F26an order under that section in respect of the child within the time limit for making such an application; and
b
expects the court to make a F27an order under that section on that application in respect of the child.
c
paragraph (3) shall apply as if that paragraph read—
3
The declaration referred to—
a
in paragraph (1)(a) shall be provided to the person liable to pay statutory adoption pay within 14 days of that person requesting that declaration where the person requests it within 14 days of receiving the notice under section 167ZL(6) of the Act;
b
in paragraph (1)(b) shall be provided to the person liable to pay statutory adoption pay at least 28 days before the beginning of the adoption pay period, or if that is not reasonably practicable, as soon as reasonably practicable after that date.
F3420A
For regulation 24 (evidence of entitlement to statutory adoption pay) of the Pay Regulations as they apply to a section 54A parental order parent substitute—
24
1
A section 54A parental order parent shall provide evidence of his or her entitlement to statutory adoption pay by providing to the person who will be liable to pay it (“E”) a statutory declaration specified in paragraph (2) where E requests it in accordance with paragraph (3).
2
The statutory declaration referred to in paragraph (1) is a statutory declaration stating that the person making the declaration—
a
has applied, or intends to apply, under section 54A of the Human Fertilisation and Embryology Act 2008 for an order under that section in respect of the child within the time limit for making such an application; and
b
expects the court to make an order under that section on that application in respect of the child.
3
The declaration referred to in paragraph (1) shall be provided to E within 14 days of E requesting that declaration where E requests it within 14 days of receiving the notice under section 171ZL(6) of the Act.
21
In regulation 25 (entitlement to statutory adoption pay where there is more than one employer) of the Pay Regulations F28as they apply to a section 54 parental order parent or a section 54A parental order parent , paragraph (b) shall read as if the words “in which he is notified of being matched with the child” were “immediately preceding the 14th week before the expected week of the child's birth”.
22
In regulation 29 (termination of employment before start of adoption pay period) of the Pay Regulations a F29as they apply to a section 54 parental order parent or a section 54A parental order parent , paragraph (1) shall apply as if—
a
the words “chosen in accordance with regulation 21” were omitted;
b
the words “14 days before the expected date of placement” to the end were “on the day on which the child is born.”.
23
In regulation 30 (avoidance of liability for statutory adoption pay) of the Pay Regulations F30as they apply to a section 54 parental order parent or a section 54A parental order parent , in paragraph (2), sub-paragraph (a) shall read as if the words “in which he was notified of having been matched with the child for adoption” read “immediately preceding the 14th week before the expected week of the child's birth”.
24
In regulation 40 (normal weekly earnings) of the Pay Regulations F31as they apply to a section 54 parental order parent or a section 54A parental order parent , in paragraph (2), the definition of “the appropriate date” shall read—
“the appropriate date” means in relation to statutory paternity pay (adoption) and statutory adoption pay , the first day of the 14th week before the expected week of the child's birth or the first day in the week in which the child is born, whichever is earlier;