PART 3ENTITLEMENT TO STATUTORY SHARED PARENTAL PAY (ADOPTION)

Work during period of payment of statutory shared parental pay (adoption)24

1

Despite section 171ZY(4) of the 1992 Act (statutory shared parental pay not payable to a person in respect of a week during any part of which person works for any employer) statutory shared parental pay (adoption) is payable to A or, as the case may be, AP—

a

in respect of a statutory pay week during any part of which A or, as the case may be, AP works only for an employer—

i

who is not liable to pay that person statutory shared parental pay; and

ii

for whom that person worked in the week immediately preceding the 14th week before the expected week of the placement for adoption; or

b

where A or, as the case may be, AP does any work on any day under a contract of service with an employer during a statutory pay week during which that employer is liable to pay that person statutory shared parental pay (adoption) in respect of C and where that day and any previous days so worked do not exceed 20.

2

Where statutory shared parental pay (adoption) is paid to A or AP in respect of any week falling within a period specified in a notice under regulation 19, 20 or 21 during which A or AP works for an employer falling within paragraph (1)(a)(i) but not paragraph (1)(a)(ii) A or, as the case may be, AP shall notify the employer liable to pay statutory shared parental pay within seven days of the first day during which the former does such work.

3

The notification mentioned in paragraph (2) shall be in writing, if the employer who has been liable to pay statutory shared parental pay so requests.

4

In this regulation “statutory pay week” means a week in respect of which that person has chosen to exercise an entitlement to statutory shared parental pay (adoption).