SCHEDULESTATUTORY SHARED PARENTAL PAY IN SPECIAL CIRCUMSTANCES

PART 1STATUTORY SHARED PARENTAL PAY (BIRTH)

Notification and variation: death of mother or partner after curtailment2

1

In the case where—

a

P, who in connection with a claim by M would be required to satisfy the conditions specified in regulation 4(3), dies after M 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 P dies M has not given the notices and information specified in regulation 6 (notice and evidential requirements relation to the mother),

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

2

In regulation 6 (notification and evidential requirements relating to the mother)—

a

paragraph (1)(a) shall apply as if it read—

a

paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by M pursuant to paragraph (2)(d) or where it is not reasonably practicable for M to satisfy this requirement as soon as reasonably practicable after the death of P, but in any event before that period;

b

paragraph (1)(b) and (c) shall not apply;

c

in paragraph (2)—

i

sub-paragraph (a) shall apply as if the words “disregarding any intention of P to claim statutory shared parental pay in respect of C” were omitted;

ii

sub-paragraph (c) shall not apply;

d

in paragraph (3)—

i

sub-paragraph (a) shall not apply;

ii

sub-paragraph (d) shall apply as if it read—

d

M’s name, P’s name and national insurance number (where this number is known to M), P’s address immediately before P died and the date of P’s death

e

paragraph (4) shall not apply.

3

In regulation 8 (variation)—

a

paragraph (2)(a) shall apply as if it read—

a

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

b

paragraph (2)(b) shall not apply.

4

In regulation 10 (extent of entitlement)—

a

paragraph (1)(b)(i) shall apply as if the words “P has notified P’s intention to claim” to the end read “the number of weeks in which P claimed statutory shared parental pay (birth) in respect of C up to the time of P’s death.”;

b

paragraph (7) shall apply as if the words “the last day of the latest period so notified” were “the time of P’s death”.