F1PART XIIZAStatutory Paternity Pay

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

167ZC Entitlement: general

(1)

A person shall be entitled to payments of F2statutory paternity pay in respect of any period F3only 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.

F4(1A)

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 F5statutory 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.