Modifications etc. (not altering text)

C1Pts. 1, 6 modified (6.4.2001) by S.I. 2001/1004, regs. 1(1), 113, 114(2) (with reg. 138)

[F1Part 12ZAU.K.[F2Ordinary and Additional Statutory Paternity Pay]

Textual Amendments

[F3Ordinary statutory paternity pay] U.K.

Textual Amendments

F3S. 171ZA cross-heading inserted (6.4.2010) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 11; S.I. 2010/495, art. 4(d)

171ZC Entitlement: generalU.K.

(1)A person shall be entitled to payments of [F4ordinary statutory paternity pay] in respect of any period only if—

(a)he gives the person who will be liable to pay it notice of the date from which he expects the liability to pay him [F4ordinary statutory paternity pay] to begin; and

(b)the notice is given at least 28 days before that date or, if that is not reasonably practicable, as soon as is reasonably practicable.

(2)The notice shall be in writing if the person who is liable to pay the [F4ordinary statutory paternity pay] so requests.

(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.]

Textual Amendments