Work and Families Act 2006

Social Security Act 1989 (c. 24)

1 (1) In Schedule 5 to the Social Security Act 1989 (employment-related schemes for pensions and other benefits: equal treatment for men and women), paragraph 5A (unfair paternity leave provisions) is amended as follows.

(2) In sub-paragraph (3), for “or statutory paternity pay” substitute “, ordinary statutory paternity pay or additional statutory paternity pay”.

(3) In sub-paragraph (4), in the definition of “period of paid paternity leave”—

(a) in paragraph (a), for “or (7)” substitute “, (7) or (8)”, and

(b) in paragraph (b), for “or statutory paternity pay” substitute “, ordinary statutory paternity pay or additional statutory paternity pay”.

(4) After sub-paragraph (7) insert—

“(8) This sub-paragraph applies if—

(a) the member’s absence from work is due to the fact that he is caring for a child, and

(b) in relation to that child, the member satisfies the conditions prescribed—

(i) under section 171ZEA(2)(a)(i) and (ii) of that Act,

(ii) under section 171ZEB(2)(a)(i) and (ii) of that Act, or

(iii) under section 171ZEB(2)(a)(i) and (ii) of that Act as applied by virtue of section 171ZK of that Act (adoption cases not involving placement under the law of the United Kingdom).”