F1PART XIIZAF15Statutory Paternity Pay

Annotations:
Amendments (Textual)

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)

167ZA 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 of this Act to payments to be known as F17“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;

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) 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

A person’s entitlement to F18statutory paternity pay under this section shall not be affected by the birth, or expected birth, of more than one child as a result of the same pregnancy.

5

In this section, “newborn child” includes a child stillborn after twenty-four weeks of pregnancy.

167ZB 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 of this Act to payments to be known as F19“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) above 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) above 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

A person may not elect to receive F20statutory paternity pay if he has elected in accordance with section 167ZL below to receive statutory adoption pay.

5

Regulations may make provision about elections for the purposes of subsection (2)(e) above.

6

A person’s entitlement to F21statutory paternity pay under this section shall not be affected by the placement for adoption of more than one child as part of the same arrangement.

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.

167ZBAF13Entitlement: prospective adopters with whom looked after children are placed

1

Subsection (3) applies in a case involving a child who is looked after by an authority and who is placed by the authority under Article 27(2)(a) of the Children (Northern Ireland) Order 1995, in the circumstances mentioned in paragraph (2), with an approved foster parent who is also an approved prospective adopter.

2

The circumstances are that—

a

the authority—

i

is considering adoption for the child, or

ii

has decided by virtue of regulation 11 of the Adoption Agencies Regulations (Northern Ireland) 1989 that it is satisfied that adoption is in the best interests of the child, and

b

such conditions as may be prescribed are satisfied.

3

Section 167ZB has effect as if the following references or definitions were such references or definitions as may be prescribed—

a

the references in subsection (2) to a child being placed for adoption under the law of any part of the United Kingdom,

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,

c

the reference in subsection (6) to placement for adoption,

d

the definition of “adopter” in subsection (7).

4

Where, by virtue of subsections (1) to (3), a person becomes entitled to statutory paternity pay in connection with the placement of a child as mentioned in those subsections, the person may not become entitled to payments of statutory paternity pay in connection with the placement of the child for adoption.

5

In this section—

  • “approved foster parent” means a person approved as a foster parent by the authority under regulation 3 of the Foster Placement (Children) Regulations (Northern Ireland) 1996,

  • “approved prospective adopter” means a person considered by the authority by virtue of the Adoption Agencies Regulations (Northern Ireland) 1989 to be a person suitable to adopt a child,

  • “authority” has the same meaning as in the Children (Northern Ireland) Order 1995 (see Article 2(2) and (3) of the Order),

  • “child who is looked after by an authority” has the same meaning as in that Order (see Articles 2(7)(b) and 25 of the Order).

6

The Department may by order amend the definition of, or substitute another definition for the definition of, “approved foster parent” or “approved prospective adopter” for the time being contained in subsection (5), in consequence of any modification or replacement of the regulations referred to in the definition.

167ZC Entitlement: general

1

A person shall be entitled to payments of F22statutory paternity pay in respect of any period F6only if he gives the person who will be liable to pay it notice of the week or weeks in respect of which he expects there to be liability to pay him statutory paternity pay.

F71A

Regulations may provide for the time by which notice under subsection (1) is to be given.

2

The notice shall be in writing if the person who is liable to pay the F23statutory paternity pay so requests.

3

The Department may by regulations—

a

provide that subsection (2)(b), (c) or (d) of section 167ZA or 167ZB 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 167ZA or 167ZB above;

e

provide that a person is to be treated for the purposes of section 167ZA or 167ZB 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 167ZA or 167ZB 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 167ZA or 167ZB 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.

167ZD Liability to make payments

1

The liability to make payments of F24statutory paternity pay, under section 167ZA or 167ZB 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 F25statutory 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 F26liability for statutory paternity pay.

3

The Department 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.

167ZE Rate and period of pay

1

F27Statutory 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

F28Statutory 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 F28statutory 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 die 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 167ZA(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 167ZB(2) above apply, with the date of the child’s placement for adoption.

F83A

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

F29Statutory 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 chi1d by reference to whom he satisfies the condition in sub-paragraph (i) of section 167ZA(2)(a) or 167ZB(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 F30statutory 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, F31statutory 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 F31statutory paternity pay.

8

The Department may by regulations specify circumstances in which there is to be no liability to pay F32statutory 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) above 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) above 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

Where for any purpose of this Part of this Act or of regulations it is necessary to calculate the daily rate of F33statutory paternity pay, the amount payable by way of F33statutory 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 F34statutory paternity pay, means a week chosen by him as a week in respect of which F34statutory paternity pay shall be payable;

  • “week” means any period of seven days.

F912

Where statutory paternity pay is payable to a person by virtue of section 167ZBA(1) to (3), this section has effect as if the following references were such references as may be prescribed—

a

the references in subsections (3)(b) and (10) to placement for adoption,

b

the references in subsection (10) to being placed for adoption.

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)

F14167ZEAEntitlement to additional statutory paternity pay: birth

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14167ZEBEntitlement to additional statutory paternity pay: adoption

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14167ZECEntitlement to additional statutory paternity pay: general

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14167ZEDLiability to make payments of additional statutory paternity pay

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14167ZEERate and period of pay: additional statutory paternity pay

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)

167ZF Restrictions on contracting out

1

Any agreement shall be void to the extent that it purports—

a

to exclude, limit or otherwise modify any provision of this Part of this Act, or

b

to require an employee or former employee to contribute (whether directly or indirectly) towards any costs incurred by his employer or former employer under this Part of this Act.

2

For the avoidance of doubt, any agreement between an employer and an employee authorising any deductions from F37statutory paternity pay which the employer is liable to pay to the employee in respect of any period shall not be void by virtue of subsection (1)(a) above if the employer—

a

is authorised by that or another agreement to make the same deductions from any contractual remuneration which he is liable to pay in respect of the same period, or

b

would be so authorised if he were liable to pay contractual remuneration in respect of that period.

167ZG Relationship with contractual remuneration

1

Subject to subsections (2) and (3) below, any entitlement to statutory paternity pay shall not affect any right of a person in relation to remuneration under any contract of service (“contractual remuneration”).

2

Subject to subsection (3) below—

a

any contractual remuneration paid to a person by an employer of his in respect of any period shall go towards discharging any liability of that employer to pay statutory paternity pay to him in respect of that period; and

b

any statutory paternity pay paid by an employer to a person who is an employee of his in respect of any period shall go towards discharging any liability of that employer to pay contractual remuneration to him in respect of that period.

3

Regulations may make provision as to payments which are, and those which are not, to be treated as contractual remuneration for the purposes of subsections (1) and (2) above.

F384

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

167ZH Crown employment—Part XIIZA

The provisions of this Part of this Act apply in relation to persons employed by or under the Crown as they apply in relation to persons employed otherwise than by or under the Crown.

167ZI Special classes of person

1

The Department may with the concurrence of the Treasury make regulations modifying any provision of this Part of this Act in such manner as the Department thinks proper in its application to any person who is, has been or is to be—

a

employed on board any ship, vessel, hovercraft or aircraft;

b

outside Northern Ireland at any prescribed time or in any prescribed circumstances; or

c

in prescribed employment in connection with continental shelf operations.

2

Regulations under subsection (1) above may, in particular, provide—

a

for any provision of this Part of this Act to apply to any such person, notwithstanding that it would not otherwise apply;

b

for any such provision not to apply to any such person, notwithstanding that it would otherwise apply;

c

for excepting any such person from the application of any such provision where he neither is domiciled nor has a place of residence in Northern Ireland;

d

for the taking of evidence, for the purposes of the determination of any question arising under any such provision, in a country or territory outside Northern Ireland, by a British consular official or such other person as may be determined in accordance with the regulations.

3

In this section “continental shelf operations” means any activities which, if paragraphs (a) and (d) of subsection (8) of section 11 of the Petroleum Act 1998 (application of civil law to certain offshore activities) were omitted would nevertheless fall within subsection (2) of that section.

167ZJ Part XIZA: supplementary

1

In this Part of this Act—

  • “the Board” means the Commissioners of Inland Revenue;

  • “the Department” means the Department for Employment and Learning;

  • F3“employer”, in relation to a person who is an employee, means a person who—

    1. a

      under section 6 above is liable to pay secondary Class 1 contributions in relation to any of the earnings of the person who is an employee; or

    2. b

      would be liable to pay such contributions but for—

      1. i

        the condition in section 6(1)(b); or

      2. ii

        the employee being under the age of 16;

  • “modifications” includes additions, omissions and amendments, and related expressions are to be read accordingly;

  • “prescribed” means prescribed by regulations.

2

In this Part of this Act, “employee” means a person who is—

a

gainfully employed in Northern Ireland either under a contract of service or in an office (including elective office) with F5earnings (within the meaning of Parts 1 to 5 above); F4...

F4b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Regulations may provide—

a

for cases where a person who falls within the definition in subsection (2) above is not to be treated as an employee for the purposes of this Part of this Act; and

b

for cases where a person who would not otherwise be an employee for the purposes of this Part of this Act is to be treated as an employee for those purposes.

4

Without prejudice to any other power to make regulations under this Part of this Act, regulations may specify cases in which, for the purposes of this Part of this Act or of such provisions of this Part of this Act as may be prescribed—

a

two or more employers are to be treated as one;

b

two or more contracts of service in respect of which the same person is an employee are to be treated as one.

5

In this Part of this Act, except F39section 167ZE, “week” means a period of 7 days beginning with Sunday or such other period as may be prescribed in relation to any particular case or class of cases.

6

For the purposes of this Part of this Act, a person’s normal weekly earnings shall, subject to subsection (8) below, be taken to be the average weekly earnings which in the relevant period have been paid to him or paid for his benefit under the contract of service with the employer in question.

7

For the purposes of subsection (6) above, “earnings” and “relevant period” shall have the meanings given to them by regulations.

8

In such cases as may be prescribed, a person’s normal weekly earnings shall be calculated in accordance with regulations.

9

Where in consequence of the establishment of one or more Health and Social Services trusts under the Health and Personal Social Services (Northern Ireland) Order 1991, a person’s contract of employment is treated by a scheme under that Order as divided so as to constitute two or more contracts, regulations may make provision enabling the person to elect for all of those contracts to be treated as one contract for the purposes of this Part of this Act or such provisions of this Part of this Act as may be prescribed.

10

Regulations under subsection (9) above may prescribe—

a

the conditions that must be satisfied if a person is to be entitled to make such an election;

b

the manner in which, and the time within which, such an election is to be made;

c

the persons to whom, and the manner in which, notice of such an election is to be given;

d

the information which a person who makes such an election is to provide, and the persons to whom, and the time within which, he is to provide it;

e

the time for which such an election is to have effect;

f

which one of the person’s employers under two or more contracts is to be regarded for the purposes of F40statutory paternity pay as his employer under the contract.

11

The powers under subsections (9) and (10) above are without prejudice to any other power to make regulations under this Part of this Act.

12

In this Part of this Act “regulations” means regulations made by the Department and in relation to any such regulations sections 171 and 172 below have effect as if references to the Department were references to the Department for Employment and Learning.

13

Regulations under any of subsections (4) to (10) above must be made with the concurrence of the Board.

167ZKPower to apply Part XlIZA to F10other cases

F111

The Department may by regulations provide for this Part of this Act to have effect in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom, with such modifications as the regulations may prescribe.

F122

The Department may by regulations provide for this Part to have effect in relation to cases which involve a person who has applied, or intends to apply, with another person for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 and a child who is, or will be, the subject of the order, with such modifications as may be prescribed.