PART 3ENTITLEMENT TO STATUTORY SHARED PARENTAL PAY (ADOPTION)

Other cases where there is no liability to pay statutory shared parental pay26

1

There is no liability to pay statutory shared parental pay (adoption) to A or, as the case may be, AP in respect of any week—

a

during any part of which the person who is entitled to that pay is entitled to statutory sick pay under Part 11 of the 1992 Act;

b

following that in which the person who is claiming that has died; or

c

during any part of which the person who is entitled to it is detained in legal custody or sentenced to a term of imprisonment except where the sentence is suspended (but see paragraph (2)).

2

There is liability to pay statutory shared parental pay to A or, as the case may be, AP in respect of any week during any part of which the person entitled to that pay is detained in legal custody where that person—

a

is released subsequently without charge;

b

is subsequently found not guilty of any offence and is released; or

c

is convicted of an offence but does not receive a custodial sentence.