The Social Security (Paternity and Adoption) Amendment Regulations 2002 No. 2689

Amendment of the Income Support Regulations E+W+S

2.—(1) The Income Support Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “the Act” there shall be inserted the following definition—

““adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996 M1 ;”;

(b) after the definition of “partner” there shall be inserted the following definition—

““paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996 M2 ;”.

(3) In regulation 5 (persons treated as engaged in remunerative work), in paragraph (3A) M3 after “maternity leave” there shall be inserted “ , paternity leave or adoption leave ”.

(4) In regulation 35 (earnings of employed earners), in paragraph (2)(b) M4 after “maternity leave” there shall be inserted “ , paternity leave or adoption leave ”.

(5) In Schedule 1B (prescribed categories of person) M5 —

(a) in sub-paragraph 14(b) after the word “ends” there shall be inserted the words—

“where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003”;

(b) after paragraph 14A M6 there shall be inserted the following paragraph—

“ Paternity Leave

14B.— (1) A person who is entitled to, and is taking, paternity leave and who satisfies either or both of the conditions set out in sub-paragraph (2) below.

(2) The conditions for the purposes of sub-paragraph (1) are—

(a) he is not entitled to statutory paternity pay by virtue of Part 12ZA of the Contributions and Benefits Act M7 , or to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates;

(b) he is entitled to working families’ tax credit, disabled person’s tax credit, housing benefit or council tax benefit on the day before that leave begins.

(3) In this paragraph “remuneration” means payment of any kind.”.

(6) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 4—

(i) after “Part V of the Act” there shall be inserted “ , statutory paternity pay under Part 12ZA of the Contributions and Benefits Act, statutory adoption pay under Part 12ZB of the Contributions and Benefits Act M8 ”;

(ii) after the words “unable to work due to illness or maternity” there shall be added the words “ or who is taking paternity leave or adoption leave ”;

(b) in paragraph 4A M9 for “or statutory maternity pay under Part VI of the Social Security (Northern Ireland) Order 1986” there shall be substituted “ , statutory maternity pay under Part XII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 M10 or a payment under any enactment having effect in Northern Ireland corresponding to a payment of statutory paternity pay or statutory adoption pay ”.

Marginal Citations

M1 1996 c. 18. Sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c. 22).

M2 Sections 80A and 80B were inserted by section 1 of the Employment Act 2002.

M3 Paragraph (3A) was inserted by S.I. 1993/2119.

M4 Sub-paragraph (2)(b) was amended by S.I 1993/2119.

M5 Schedule 1B was inserted by S.I. 1996/206.

M6 Paragraph 14A was inserted by S.I. 1999/3329.

M7 1982 c. 4. Part 12ZA was inserted by section 2 of the Employment Act 2002.

M8 Part 12ZB was inserted by section 4 of the Employment Act 2002.

M9 Paragraph 4A was inserted by S.I. 1988/663.

M10 1992 c. 7.