The Statutory Shared Parental Pay (General) Regulations 2014

Death of child

6.—(1) In the case where M has given the notice and information in accordance with regulation 6(1) and then C dies, then in respect of any period after C dies paragraph (2)(f) of regulation 4 (entitlement of mother to statutory shared parental pay), shall not apply, and regulation 8 shall apply in accordance with sub-paragraph (3).

(2) In the case where P has given the notices and information in accordance with regulation 7(1) and then C dies, then in respect of any period after C dies paragraph (2)(d) of regulation 5 (entitlement of father or partner to statutory shared parental pay) shall not apply and regulation 8 shall apply in accordance with sub-paragraph (3).

(3) Where paragraph (1) or (2) applies, regulation 8 (variation) shall apply as if it read—

“(1) M, or as the case may be, P may cancel the period or periods during which they intend to claim statutory shared parental pay (birth) by notice in writing which is given at least 8 weeks before the first period to be cancelled, or, if this is not reasonably practicable, as soon as reasonably practicable after the death of C, but in any event before that period to the employer who will be liable to pay statutory shared parental pay (birth) to M or P.

(2) M and P may each only give one notice under paragraph (1).”.

(4) Where more than one child is born of the same pregnancy—

(a) sub-paragraphs (2) and (3) only apply where all the children die; and

(b) a reference in this paragraph relating to the death of C (however expressed) is to the death of the last of those children to die.