F1Part 12ZAF16...F3Statutory Paternity Pay
Words in Pt. 12ZA heading repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 10; S.I. 2014/1640, art. 7(g) (with art. 16)
Pt. 12ZA heading substituted (6.4.2010) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 10; S.I. 2010/495, art. 4(d)
F17...
S. 171ZA cross-heading repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 11; S.I. 2014/1640, art. 7(g) (with art. 16)
171ZA Entitlement: birth
1
Where a person satisfies the conditions in subsection (2) below, he shall be entitled in accordance with the following provisions of this Part to payments to be known as F18“statutory paternity pay”.
2
The conditions are—
a
that he satisfies prescribed conditions—
i
as to relationship with a newborn child, and
ii
as to relationship with the child’s mother;
C2b
that he has been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the relevant week;
c
that his normal weekly earnings for the period of 8 weeks ending with the relevant week are not less than the lower earnings limit in force under section 5(1)(a) above at the end of the relevant week; and
d
that he has been in employed earner’s employment with the employer by reference to whom the condition in paragraph (b) above is satisfied for a continuous period beginning with the end of the relevant week and ending with the day on which the child is born.
3
The references in subsection (2) above to the relevant week are to the week immediately preceding the 14th week before the expected week of the child’s birth.
4
5
In this section, “newborn child” includes a child stillborn after twenty-four weeks of pregnancy.
171ZB Entitlement: adoption
1
Where a person satisfies the conditions in subsection (2) below, he shall be entitled in accordance with the following provisions of this Part to payments to be known as F20“statutory paternity pay”.
2
The conditions are—
a
that he satisfies prescribed conditions—
i
as to relationship with a child who is placed for adoption under the law of any part of the United Kingdom, and
ii
as to relationship with a person with whom the child is so placed for adoption;
b
that he has been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the relevant week;
c
that his normal weekly earnings for the period of 8 weeks ending with the relevant week are not less than the lower earnings limit in force under section 5(1)(a) at the end of the relevant week;
d
that he has been in employed earner’s employment with the employer by reference to whom the condition in paragraph (b) above is satisfied for a continuous period beginning with the end of the relevant week and ending with the day on which the child is placed for adoption; and
e
where he is a person with whom the child is placed for adoption, that he has elected to receive statutory paternity pay.
3
The references in subsection (2) to the relevant week are to the week in which the adopter is notified of being matched with the child for the purposes of adoption.
4
5
Regulations may make provision about elections for the purposes of subsection (2)(e) above.
6
7
In this section, “adopter”, in relation to a person who satisfies the condition under subsection (2)(a)(ii) above, means the person by reference to whom he satisfies that condition.
F118
This section has effect in a case involving a child placed under section 22C of the Children Act 1989 by a local authority in England with a local authority foster parent who has been approved as a prospective adopter with the following modifications—
a
the references in subsection (2) to a child being placed for adoption under the law of any part of the United Kingdom are to be treated as references to a child being placed under section 22C in that manner;
b
the reference in subsection (3) to the week in which the adopter is notified of being matched with the child for the purposes of adoption is to be treated as a reference to the week in which the prospective adopter is notified that the child is to be, or is expected to be, placed with the prospective adopter under section 22C;
c
the reference in subsection (6) to placement for adoption is to be treated as a reference to placement under section 22C;
d
the definition in subsection (7) is to be treated as if it were a definition of “prospective adopter”.
9
Where, by virtue of subsection (8), a person becomes entitled to statutory paternity pay in connection with the placement of a child under section 22C of the Children Act 1989, the person may not become entitled to payments of statutory paternity pay in connection with the placement of the child for adoption.
F3710
This section has effect in a case involving a child placed under section 81 of the Social Services and Well-being (Wales) Act 2014 by a local authority in Wales with a local authority foster parent who has been approved as a prospective adopter with the following modifications—
a
the references in subsection (2) to a child being placed for adoption under the law of any part of the United Kingdom are to be treated as references to a child being placed under section 81 in that manner;
b
the reference in subsection (3) to the week in which the adopter is notified of being matched with the child for the purposes of adoption is to be treated as a reference to the week in which the prospective adopter is notified that the child is to be, or is expected to be, placed with the prospective adopter under section 81;
c
the reference in subsection (6) to placement for adoption is to be treated as a reference to placement under section 81;
d
the definition in subsection (7) is to be treated as if it were a definition of “prospective adopter”.
11
Where, by virtue of subsection (10), a person becomes entitled to statutory paternity pay in connection with the placement of a child under section 81 of the Social Services and Well-being (Wales) Act 2014, the person may not become entitled to payments of statutory paternity pay in connection with the placement of the child for adoption.
171ZC Entitlement: general
1
F131A
Regulations may provide for the time by which notice under subsection (1) is to be given.
2
3
The Secretary of State may by regulations—
a
provide that subsection (2)(b), (c) or (d) of section 171ZA or 171ZB above shall have effect subject to prescribed modifications in such cases as may be prescribed;
b
provide that subsection (1) above shall not have effect, or shall have effect subject to prescribed modifications, in such cases as may be prescribed;
c
impose requirements about evidence of entitlement;
d
specify in what circumstances employment is to be treated as continuous for the purposes of section 171ZA or 171ZB above;
e
provide that a person is to be treated for the purposes of section 171ZA or 171ZB above as being employed for a continuous period of at least 26 weeks where—
i
he has been employed by the same employer for at least 26 weeks under two or more separate contracts of service; and
ii
those contracts were not continuous;
f
provide for amounts earned by a person under separate contracts of service with the same employer to be aggregated for the purposes of section 171ZA or 171ZB above;
g
provide that—
i
the amount of a person’s earnings for any period, or
ii
the amount of his earnings to be treated as comprised in any payment made to him or for his benefit,
shall be calculated or estimated for the purposes of section 171ZA or 171ZB above in such manner and on such basis as may be prescribed and that for that purpose payments of a particular class or description made or falling to be made to or by a person shall, to such extent as may be prescribed, be disregarded or, as the case may be, be deducted from the amount of his earnings.
171ZD Liability to make payments
1
The liability to make payments of F25... statutory paternity pay under section 171ZA or 171ZB above is a liability of any person of whom the person entitled to the payments has been an employee as mentioned in subsection (2)(b) and (d) of that section.
2
Regulations shall make provision as to a former employer’s liability to pay F26... F8statutory paternity pay to a person in any case where the former employee’s contract of service with him has been brought to an end by the former employer solely, or mainly, for the purpose of avoiding F9liability for F26... statutory paternity payF27....
3
The Secretary of State may, with the concurrence of the Board, by regulations specify circumstances in which, notwithstanding this section, liability to make payments of statutory paternity pay is to be a liability of the Board.
171ZE Rate and period of pay
1
2
a
a period of two consecutive weeks within the qualifying period beginning on such date within that period as the person entitled may choose in accordance with regulations, or
3
For the purposes of subsection (2) above, the qualifying period shall be determined in accordance with regulations, which shall secure that it is a period of at least 56 days beginning—
a
in the case of a person to whom the conditions in section 171ZA(2) above apply, with the date of the child’s birth, and
b
in the case of a person to whom the conditions in section 171ZB(2) above apply, with the date of the child’s placement for adoption.
F143A
Statutory paternity pay is not payable to a person in respect of a statutory pay week if—
a
statutory shared parental pay is payable to that person in respect of any part of that week or that person takes shared parental leave in any part of that week, or
b
statutory shared parental pay was payable to that person or that person has taken shared parental leave in respect of the child before that week.
4
F31... F10Statutory paternity pay shall not be payable to a person in respect of a statutory pay week if it is not his purpose at the beginning of the week—
a
to care for the child by reference to whom he satisfies the condition in sub-paragraph (i) of section 171ZA(2)(a) or 171ZB(2)(a) above, or
b
to support the person by reference to whom he satisfies the condition in sub-paragraph (ii) of that provision.
5
6
It is immaterial for the purposes of subsection (5) above whether the work referred to in that subsection is work under a contract of service which existed immediately before the statutory pay week or a contract of service which did not so exist.
7
8
9
Where more than one child is born as a result of the same pregnancy, the reference in subsection (3)(a) to the date of the child’s birth shall be read as a reference to the date of birth of the first child born as a result of the pregnancy.
10
Where more than one child is placed for adoption as part of the same arrangement, the reference in subsection (3)(b) to the date of the child’s placement shall be read as a reference to the date of placement of the first child to be placed as part of the arrangement.
F210A
11
F1512
Where statutory paternity pay is payable to a person by virtue of section 171ZB(8), this section has effect as if—
a
the references in subsections (3)(b) and (10) to placement for adoption were references to placement under section 22C of the Children Act 1989;
b
the references in subsection (10) to being placed for adoption were references to being placed under section 22C.
F3813
Where statutory paternity pay is payable to a person by virtue of section 171ZB(10), this section has effect as if—
a
the references in subsections (3)(b) and (10) to placement for adoption were references to placement under section 81 of the Social Services and Well-being (Wales) Act 2014;
b
the references in subsection (10) to being placed for adoption were references to being placed under section 81.
Pt. 12ZA inserted (8.12.2002) by Employment Act 2002 (c. 22), ss. 2, 55(2); S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2