The Statutory Paternity Pay (Amendment) Regulations 2024

PART 1 General

Citation, commencement and extent

1.  These Regulations may be cited as the Statutory Paternity Pay (Amendment) Regulations 2024.

2.  Parts 1, 2 and 5 come into force on 8th March 2024 and Parts 3 and 4 come into force immediately after Parts 1, 2 and 5 have come into force.

3.  These Regulations extend to England and Wales and Scotland.

Interpretation

4.—(1) In this Part—

the “2002 Regulations” means the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002(1);

the “2003 Regulations” means the Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (No. 2) Regulations 2003(2);

the “2014 Regulations” means the Statutory Paternity Pay and Statutory Adoption Pay (Parental Orders and Prospective Adopters) Regulations 2014(3);

(2) For the purposes of this Part—

(a) in relation to children who are placed for adoption, “adopter” and “statutory paternity pay (adoption)” have the same meanings as in regulation 2(1) of the 2002 Regulations;

(b) in relation to adoption from overseas, “adopter” and “statutory paternity pay (adoption)” have the same meanings as in regulation 2(1) of the 2003 Regulations;

(c) the following expressions have the same meanings as in regulation 2 of the 2002 Regulations—

(i) “expected week”;

(ii) “placed for adoption”;

(iii) “statutory paternity pay (birth)”;

(d) the following expressions have the same meanings as in regulation 2(1) of the 2003 Regulations—

(i) “adoption from overseas”;

(ii) “enter Great Britain”;

(iii) “official notification”;

(e) the following expressions have the same meanings as in regulation 7(b) of the 2014 Regulations—

(i) “Parent A”;

(ii) “section 54 parental order parent”.

Application

5.—(1) The amendments in Part 2 to the 2002 Regulations apply in relation to an entitlement to—

(a) statutory paternity pay (birth), only in respect of children whose expected week of birth begins after 6th April 2024;

(b) statutory paternity pay (adoption), only in respect of children who are expected to be placed for adoption with the adopter on or after 6th April 2024.

(2) The amendments to the 2003 Regulations in Part 3 have effect only where the date on which the adopter’s child is expected to enter Great Britain is on or after 6th April 2024.

(3) The amendments to the 2014 Regulations in Part 4 have effect only in relation to children whose expected week of birth begins after 6th April 2024.

(4) The amendments to the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002(4) in Part 5 apply in relation to an entitlement to—

(a) statutory paternity pay (birth), only in respect of children whose expected week of birth begins after 6th April 2024;

(b) statutory paternity pay (adoption), only in respect of children who are expected to be placed for adoption with the adopter on or after 6th April 2024;

(c) statutory paternity pay (adoption), in respect of adoptions from overseas, only where the adopter’s child enters Great Britain on or after 6th April 2024;

(d) statutory paternity pay (adoption), in respect of section 54 parental order parents, only where the child’s expected week of birth begins after 6th April 2024.

Transitional provisions

6.—(1) This regulation applies where, prior to the coming into force of these Regulations, a person has provided any information, notice or declaration required to exercise an entitlement to statutory paternity pay under the 2002, 2003 or 2014 Regulations.

(2) Where this regulation applies, the person is deemed to have complied with any similar requirement to provide such information, notice or declaration under the 2002, 2003 or 2014 Regulations as amended by these Regulations.

(1)

S.I. 2002/2822, amended by S.I. 2003/2096, 2004/488, 2005/358, 2005/2114, 2006/1031, 2007/825, 2007/1154, 2010/1172, 2011/245, 2011/1740, 2014/386, 2014/2862, 2015/2065, 2020/450 and 2021/716; there are other amendments but none is relevant. Provisions in S.I. 2002/2822 are applied, with modifications, to adoptions from overseas by S.I. 2003/1194 and to parental order cases by S.I. 2014/2934.

(2)

S.I. 2003/1194, amended by S.I. 2004/488, 2005/2114, 2011/159 and 2011/1740.

(3)

S.I. 2014/2934, amended by 2018/1413.

(4)

S.I. 2002/2820, provisions in which are applied, with modifications, to adoptions from overseas by S.I. 2003/1192 and to parental order parents by S.I. 2014/2934.