Part 2Working-age benefits

CHAPTER 4Miscellaneous

Entitlement to work

63Entitlement to work: maternity allowance and statutory payments

1

The Social Security Contributions and Benefits Act 1992 is amended as follows.

2

In section 35 (state maternity allowance)—

a

in subsection (1), at the end there is inserted “and

e

at the commencement of the week referred to in paragraph (a) above she was entitled to engage in the employment referred to in paragraph (b) above.

b

in subsection (3), before paragraph (a) there is inserted—

za

for circumstances in which subsection (1)(e) above does not apply;

3

In section 164 (statutory maternity pay)—

a

in subsection (2), after paragraph (a) there is inserted—

aa

that at the end of the week immediately preceding that 14th week she was entitled to be in that employment;

b

in subsection (9), after paragraph (d) there is inserted—

da

provide for circumstances in which subsection (2)(aa) above does not apply;

4

In section 171ZA (ordinary statutory paternity pay: birth)—

a

in subsection (2), after paragraph (b) there is inserted—

ba

that at the end of the relevant week he was entitled to be in that employment;

b

after subsection (3) there is inserted—

3A

Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.

5

In section 171ZB (ordinary statutory paternity pay: adoption)—

a

in subsection (2), after paragraph (b) there is inserted—

ba

that at the end of the relevant week he was entitled to be in that employment;

b

after subsection (3) there is inserted—

3A

Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.

F16

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F27

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8

In section 171ZL (statutory adoption pay: entitlement)—

a

in subsection (2), after paragraph (b) there is inserted—

ba

that at the end of the relevant week he was entitled to be in that employment;

b

in subsection (3), after “(2)(b)“ there is inserted “, (ba)”;

c

in subsection (8), before paragraph (a) there is inserted—

za

exclude the application of subsection (2)(ba) above in prescribed circumstances;

9

After section 173 there is inserted—

173AEntitlement to be in employment

1

For the purposes of this Act a person is entitled to engage in or to be in any employment if (and only if)—

a

the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or

b

the person has been granted such leave and—

i

the leave is not invalid,

ii

the leave has not for any reason ceased to have effect, and

iii

the leave is not subject to a condition preventing the person from accepting that employment.

10

In Schedule 11 (statutory sick pay: circumstances in which periods of entitlement do not arise)—

a

in paragraph 2, at the end there is inserted—

i

the employee is not entitled to be in his employment on the relevant date.

b

at the end there is inserted—

9

Paragraph 2(i) above does not apply in prescribed circumstances.