PART 2Amendments relating to paternity leave and paternity pay

Amendments relating to paternity leave and paternity pay: income support

3.—(1) The Income Support Regulations are amended as follows.

(2) In regulation 2(1) (interpretation) for the definition of “paternity leave”(1) substitute—

“paternity leave” means a period of absence from work on ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996(2) or on additional paternity leave by virtue of section 80AA or 80BB of that Act(3);.

(3) In paragraph 14B of Schedule 1B(4) (prescribed categories of person: paternity leave)—

(a)in sub-paragraph (1) for “paternity leave” substitute “ordinary paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996”;

(b)in sub-paragraph (2)(a) for “statutory paternity pay” substitute “ordinary statutory paternity pay”.

(4) In paragraph 4A of Schedule 9(5) (sums to be disregarded in the calculation of income other than earnings) for “statutory paternity pay” substitute “ordinary or additional statutory paternity pay”.

(1)

The definition of “paternity leave” is inserted by S.I.2002/2689.

(2)

Sections 80A and 80B are inserted by section 1 of the Employment Act 2002 (c.22).

(3)

Sections 80AA and 80BB are inserted by section 3 of the Work and Families Act 2006 (c.18).

(4)

Schedule 1B is inserted by S.I. 1996/2006. Paragraph 14B is inserted by S.I.2002/2869. There are amendments not relevant to this instrument.

(5)

Paragraph 4A is inserted by S.I.1988/663.