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)
Textual Amendments
F1Pt. 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
F2Words in Pt. 12ZA heading repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 10; S.I. 2014/1640, art. 7(g) (with art. 16)
F3Pt. 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)
Textual Amendments
F4S. 171ZA cross-heading repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 11; S.I. 2014/1640, art. 7(g) (with art. 16)
(1)F5... [F6Statutory paternity pay] shall be payable at such fixed or earnings-related weekly rate as may be prescribed by regulations, which may prescribe different kinds of rate for different cases.
(2)F7... [F6Statutory paternity pay] shall be payable in respect of—
(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
(b)if regulations permit the person entitled to choose to receive F8... [F6statutory paternity pay] in respect of—
(i)a period of a week, or
(ii)two non-consecutive periods of a week,
such week or weeks within the qualifying period as he may choose in accordance with regulations.
(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.
[F9(3A)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)F10... [F6Statutory 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)A person shall not be liable to pay F11... [F6statutory paternity pay] to another in respect of a statutory pay week during any part of which the other works under a contract of service with him.
(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)Except in such cases as may be prescribed, F12... [F6statutory paternity pay] shall not be payable to a person in respect of a statutory pay week during any part of which he works for any employer who is not liable to pay him F12... [F6statutory paternity pay].
(8)The Secretary of State may by regulations specify circumstances in which there is to be no liability to pay F13... [F6statutory paternity pay] in respect of a statutory pay week.
(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.
[F14(10A)Where for any purpose of this Part of this Act or of regulations it is necessary to calculate the daily rate of F15... statutory paternity pay, the amount payable by way of F15... statutory paternity pay for any day shall be taken as one seventh of the weekly rate.]
(11)In this section—
“statutory pay week”, in relation to a person entitled to F16... [F6statutory paternity pay], means a week chosen by him as a week in respect of which F16... [F6statutory paternity pay] shall be payable;
“week” means any period of seven days.
[F17(12)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.]
[F18(13)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.]]
Textual Amendments
F5Word in s. 171ZE(1) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 16(2); S.I. 2014/1640, art. 7(g) (with art. 16)
F6Words in s. 171ZE substituted (6.4.2010) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 16(2); S.I. 2010/495, art. 4(d)
F7Word in s. 171ZE(2) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 16(3)(a); S.I. 2014/1640, art. 7(g) (with art. 16)
F8Word in s. 171ZE(2)(b) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 16(3)(b); S.I. 2014/1640, art. 7(g) (with art. 16)
F9S. 171ZE(3A) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 120(5), 139(6); S.I. 2014/1640, art. 3(1)(d)
F10Word in s. 171ZE(4) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 16(4); S.I. 2014/1640, art. 7(g) (with art. 16)
F11Words in s. 171ZE(5) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 16(5); S.I. 2014/1640, art. 7(g) (with art. 16)
F12Words in s. 171ZE(7) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 16(6); S.I. 2014/1640, art. 7(g) (with art. 16)
F13Word in s. 171ZE(8) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 16(7); S.I. 2014/1640, art. 7(g) (with art. 16)
F14S. 171ZE(10A) inserted (1.10.2006) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 16(3); S.I. 2006/2232, art. 2(c)
F15Words in s. 171ZE(10A) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 16(8); S.I. 2014/1640, art. 7(g) (with art. 16)
F16Words in s. 171ZE(11) repealed (5.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 7 para. 16(9); S.I. 2014/1640, art. 7(g) (with art. 16)
F17S. 171ZE(12) inserted (30.6.2014) by Children and Families Act 2014 (c. 6), ss. 121(4), 139(6); S.I. 2014/1640, art. 3(1)(e)