Conditions as to continuity of employment and normal weekly earnings in relation to a claimant for statutory shared parental pay (adoption)U.K.
31.—(1) The conditions as to continuity of employment and normal weekly earnings referred to in regulations 17(2)(a) and 18(2)(a) relating to the entitlement of A and AP to statutory shared parental pay (adoption) are—
(a)the person has been in employed earner's employment with an employer for a continuous period of at least 26 weeks ending with the relevant week;
(b)the person's normal weekly earnings (see regulation 32) with the employer by reference to which the condition in sub-paragraph (a) is satisfied for the period of eight weeks ending with the relevant week are not less than the lower earnings limit in force under subsection (1)(a) of section 5 (earnings limits and thresholds for class 1 contributions) of the 1992 Act at the end of the [F1relevant week];
(c)the person continues in employed earner's employment with the employer by reference to which the condition in sub-paragraph (a) is satisfied for a continuous period beginning with the relevant week and ending with the week before the first week falling within the relevant period relating to that person under section 171ZY(2) of the 1992 Act.
[F2(1A) Paragraph (1B) applies where a person has been in employed earner’s employment with the same employer in each of 26 consecutive weeks (but no more than 26 weeks), ending with the relevant week.]
[F2(1B) For the purpose of determining whether a person meets the condition in paragraph (1)(a), the first of those 26 weeks is a period commencing on the first day of the person’s employment with the employer (“the start date”) and ending at midnight on—
(a)the first Saturday after the start date, or
(b)where the start date is a Saturday, that day.]
(2) The references in paragraph (1) to the relevant week are to the week in which A was notified of having been matched with C.
Textual Amendments
F1Words in reg. 31(1)(b) substituted (8.3.2015) by The Statutory Shared Parental Pay (General) (Amendment) Regulations 2015 (S.I. 2015/189), regs. 1, 2(3)