The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002

PART 2 Statutory paternity pay (birth)

Conditions of entitlement to statutory paternity pay (birth): relationship with newborn child and child’s mother

4.  The conditions prescribed under section 171ZA(2)(a) of the Act are those prescribed in regulation 4(2)(b) and (c) of the Paternity and Adoption Leave Regulations 2002(1).

Modification of entitlement conditions: early birth

5.  Where a person does not meet the conditions specified in section 171ZA(2)(b) to (d) of the Act because the child’s birth occurred earlier than the 14th week before the expected week of the birth, it shall have effect as if, for the conditions there set out, there were substituted the conditions that—

(a) the person would, but for the date on which the birth occurred, have been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of the child’s birth;

(b) his normal weekly earnings for the period of 8 weeks ending with the week immediately preceding the week in which the child is born are not less than the lower earnings limit in force under section 5(1)(a) of the Act immediately before the commencement of the week in which the child is born.

Period of payment of statutory paternity pay (birth)

6.—(1) Subject to paragraph (2) and regulation 8, a person entitled to statutory paternity pay (birth) may choose the statutory paternity pay period to begin on—

(a) the date on which the child is born or, where he is at work on that day, the following day;

(b) the date falling such number of days after the date on which the child is born as the person may specify;

(c) a predetermined date, specified by the person, which is later than the first day of the expected week of the child’s birth.

(2) In a case where statutory paternity pay (birth) is payable in respect of a child whose expected week of birth begins before 6th April 2003, the statutory paternity pay period shall begin on a predetermined date, specified by the person entitled to such pay in a notice under section 171ZC(1) of the Act, which is at least 28 days after the date on which that notice was given, unless the person liable to pay statutory paternity pay (birth) agrees to the period beginning earlier.

(3) A person may choose for statutory paternity pay (birth) to be paid in respect of a period of a week.

(4) A choice made in accordance with paragraph (1) or (2) is not irrevocable, but where a person subsequently makes a different choice in relation to the beginning of the statutory pay period, section 171ZC(1) of the Act shall apply to it.

Additional notice requirements for statutory paternity pay (birth)

7.—(1) Where the choice made by a person in accordance with paragraph (1) of regulation 6 and notified in accordance with section 171ZC(1) of the Act is that mentioned in sub-paragraph (a) or (b) of that paragraph, the person shall give further notice to the person liable to pay him statutory paternity pay, as soon as is reasonably practicable after the child’s birth, of the date the child was born;

(2) Where the choice made by a person in accordance with paragraph (1) of regulation 6 and notified in accordance with section 171ZC(1) of the Act is that specified in sub-paragraph (c) of that paragraph, and the date of the child’s birth is later than the date so specified, the person shall, if he wishes to claim statutory paternity pay (birth), give notice to the person liable to pay it, as soon as is reasonably practicable, that the period in respect of which statutory paternity pay is to be paid shall begin on a date different from that originally chosen by him.

(3) That date may be any date chosen in accordance with paragraph (1) of regulation 6.

Qualifying period for statutory paternity pay (birth)

8.  The qualifying period for the purposes of section 171ZE(2) of the Act (period within which the statutory paternity pay period must occur) is a period which begins on the date of the child’s birth and ends—

(a) except in the case referred to in paragraph (b), 56 days after that date;

(b) in a case where the child is born before the first day of the expected week of its birth, 56 days after that day.

Evidence of entitlement to statutory paternity pay (birth)

9.—(1) A person shall provide evidence of his entitlement to statutory paternity pay (birth) by providing in writing to the person who will be liable to pay him statutory paternity pay (birth)—

(a) the information specified in paragraph (2);

(b) a declaration that he meets the conditions prescribed under section 171ZA(2)(a) of the Act and that it is not the case that statutory paternity pay (birth) is not payable to him by virtue of the provisions of section 171ZE(4) of the Act.

(2) The information referred to in paragraph (1)(a) is as follows—

(a) the name of the person claiming statutory paternity pay (birth);

(b) the expected week of the child’s birth and, where the birth has already occurred, the date of birth;

(c) the date from which it is expected that the liability to pay statutory paternity pay (birth) will begin;

(d) whether the period chosen in respect of which statutory paternity pay (birth) is to be payable is a week.

(3) The information and declaration referred to in paragraph (1) shall be provided at least 28 days before the date mentioned in sub-paragraph (c) of paragraph (2) or, if that is not reasonably practicable, as soon as is reasonably practicable thereafter.

(4) Where the person who will be liable to pay statutory paternity pay (birth) so requests, the person entitled to it shall inform him of the date of the child’s birth within 28 days, or as soon as is reasonably practicable thereafter.

Entitlement to statutory paternity pay (birth) where there is more than one employer

10.  Statutory paternity pay (birth) shall be payable to a person in respect of a statutory pay week during any part of which he works only for an employer—

(a) who is not liable to pay him statutory paternity pay (birth); and

(b) for whom he has worked in the week immediately preceding the 14th week before the expected week of the child’s birth.

(1)

S.I. 2002/2788.