Social Security Contributions and Benefits (Northern Ireland) Act 1992

[F1 167ZE Rate and period of pay N.I.

(1) [F2 Statutory 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) [F3 Statutory 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 [F3 statutory 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.

[F4 (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) [F5 Statutory 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 [F6 statutory 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, [F7 statutory 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 [F7 statutory paternity pay].

(8) The Department may by regulations specify circumstances in which there is to be no liability to pay [F8 statutory 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.

[F9 (10A) Where for any purpose of this Part of this Act or of regulations it is necessary to calculate the daily rate of [F10 statutory paternity pay], the amount payable by way of [F10 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 [F11 statutory paternity pay], means a week chosen by him as a week in respect of which [F11 statutory paternity pay] shall be payable;

• “week” means any period of seven days.

[F12 (12) 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.]]

Textual Amendments

F1 Pt. XIIZA (ss. 167ZA-167ZK) inserted (8.12.2002) by The Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)), arts. 1(2), 5; S.R. 2002/356, art. 2(2), Sch. 1 Pt. II

F2 Words in s. 167ZE(1) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 2(12)(a); S.R. 2015/86, art. 4(2)(b) (with art. 7(2))

F3 Words in s. 167ZE(2) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 2(12)(a); S.R. 2015/86, art. 4(2)(b) (with art. 7(2))

F4 S. 167ZE(3A) inserted (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 6(5), 23(1); S.R. 2015/86, art. 3(1)(e)

F5 Words in s. 167ZE(4) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 2(12)(a); S.R. 2015/86, art. 4(2)(b) (with art. 7(2))

F6 Words in s. 167ZE(5) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 2(12)(b); S.R. 2015/86, art. 4(2)(b) (with art. 7(2))

F7 Words in s. 167ZE(7) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 2(12)(c); S.R. 2015/86, art. 4(2)(b) (with art. 7(2))

F8 Words in s. 167ZE(8) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 2(12)(d); S.R. 2015/86, art. 4(2)(b) (with art. 7(2))

F9 S. 167ZE(10A) inserted (1.10.2006) by The Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947), art. 1(3), Sch. 1 para. 15(3); S.R. 2006/344, art. 3(c)

F10 Words in s. 167ZE(10A) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 2(12)(e); S.R. 2015/86, art. 4(2)(b) (with art. 7(2))

F11 Words in s. 167ZE(11) substituted (5.4.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), s. 23(1), Sch. 1 para. 2(12)(f); S.R. 2015/86, art. 4(2)(b) (with art. 7(2))

F12 S. 167ZE(12) added (15.3.2015) by Work and Families Act (Northern Ireland) 2015 (c. 1), ss. 9(3), 23(1); S.R. 2015/86, art. 3(1)(g)