5 Substitution of regulation 5 (entitlement to statutory paternity pay where person has worked in an EEA State)
For regulation 5, substitute—

“5 Entitlement to ordinary statutory paternity pay and additional statutory paternity pay where person has worked in an EEA State
1 A person who is an employee or treated as an employee under regulation 3 and who—
(a) in the week immediately preceding the 14th week before the expected week of the child’s birth was in employed earner’s employment with an employer in Great Britain; and
(b) had in any week within the period of 26 weeks immediately preceding that week been employed by the same employer in another EEA State,
shall be treated for the purposes of section 171ZA of the Act (entitlement to ordinary statutory paternity pay (birth)) and section 171ZEA of the Act (entitlement to additional statutory paternity pay (birth)) as having been employed in employed earner’s employment in those weeks in which the person was so employed in the other EEA State.
2 A person who is an employee or treated as an employee under regulation 3 and who—
(a) in the week in which the adopter is notified of being matched with the child for purposes of adoption was in employed earner’s employment with an employer in Great Britain; and
(b) had in any week within the period of 26 weeks immediately preceding that week been employed by the same employer in another EEA State,
shall be treated for the purposes of section 171ZB of the Act (entitlement to ordinary statutory paternity pay (adoption)) and section 171ZEB of the Act (entitlement to additional statutory paternity pay (adoption)) as having been employed in employed earner’s employment in those weeks in which the person was so employed in the other EEA State.”