PART 3E+WDeterminations as to qualifying children of working parents

Conditions relating to parent and partner of parentE+W

Qualifying paid work requirement: employeeE+W

16.—(1) A person who is an employee is in qualifying paid work if the person—

(a)holds a national insurance number (unless paragraph (2) applies), and

(b)meets the minimum income requirement in regulation 18 (unless paragraph (3) applies).

(2) Despite paragraph (1)(a), a person is not required to hold a national insurance number if the person is—

(a)a resident of an EEA State or Switzerland, and

(b)not an employee in the United Kingdom.

(3) Despite paragraph (1)(b), a person is not required to meet the minimum income requirement during any of the following—

[F1(a)any period the person is—

(i)a foster parent, F2...]

[F3(ii)absent from work during a period of parental bereavement leave under an employment rights enactment,

(iii)in receipt of statutory parental bereavement pay under the Social Security Contributions and Benefits Act, or

(iv)in receipt of statutory sick pay under the Social Security Contributions and Benefits Act;]

[F4(b)in the case of a person on specified leave relating to a young child in respect of whom a declaration is being made, other than where sub-paragraph (a)(ii), (iii) or (iv) applies, the period of 31 days ending before the day on which the person returns to work;]

(c)in the case of a person in an EEA State or Switzerland, any period the person is, under the law of the EEA State or Switzerland, on leave of a kind substantially similar to specified leave.

(4) In this regulation—

F5...

“employment rights enactment” means any of the following—

(a)

the Employment Rights Act 1996(1);

(b)

the Employment Rights (Northern Ireland) Order 1996(2);

“national insurance number” means a national insurance number allocated under any of the following—

(a)

the National Insurance Act 1965(3);

(b)

the National Insurance Act (Northern Ireland) 1966(4);

(c)

the Social Security Act 1975(5);

(d)

the Social Security (Northern Ireland) Act 1975(6);

[F6“the Social Security Contributions and Benefits Act” means either of the following—

(a)

the Social Security Contributions and Benefits Act 1992;

(b)

the Social Security Contributions and Benefits (Northern Ireland) Act 1992]

“specified leave” means, in relation to a person, any of the following—

(a)

a period the person is, under an employment rights enactment, absent from work during any of the following—

(i)

[F7ordinary or additional maternity leave;

(ii)

ordinary or additional adoption leave;

(iii)

shared parental leave;

(iv)

parental leave;

(v)

paternity leave;

(vi)

parental bereavement leave;]

(b)

a period the person is, under [F8the Social Security Contributions and Benefits Act], receiving any of the following—

(i)

state maternity allowance;

(ii)

statutory adoption pay;

(iii)

statutory maternity pay;

(iv)

statutory parental bereavement pay;

(v)

statutory paternity pay;

(vi)

statutory shared parental pay;

(vii)

statutory sick pay.

Textual Amendments

Commencement Information

I1Reg. 16 in force at 1.12.2022, see reg. 1(b)