The Statutory Paternity Pay (Amendment) Regulations 2024

PART 4 Amendments to the Statutory Paternity Pay and Statutory Adoption Pay (Parental Orders and Prospective Adopters) Regulations 2014

21.  The Statutory Paternity Pay and Statutory Adoption Pay (Parental Orders and Prospective Adopters) Regulations 2014(1) are amended in accordance with regulations 22 to 27.

22.  Omit regulation 10.

23.  In regulation 11 (modifications to regulation 12)—

(a) in the opening words, for “period of payment” substitute “options in respect of periods of payment”;

(b) in paragraph (a), in the modification to the opening words of paragraph (1)—

(i) for “Subject to regulation 14” substitute “Within the qualifying period set out in regulation 12A”;

(ii) for “the statutory pay period” substitute “a period of payment of statutory paternity pay”;

(c) omit sub-paragraph (c).

24.  In regulation 12 (modifications to regulation 13)—

(a) in paragraph (a), for the words from “shall read as if” to the end, substitute “will not apply”;

(b) for paragraph (b) substitute—

“(b) paragraph (2)(b) shall read as if the words “is placed for adoption” to the end were “is born later than the date specified in that notice as the date on which a period of payment is to begin.””.

25.  In regulation 13 (modifications to regulation 12A)—

(a) in the opening words—

(i) for “In regulation 14” substitute “Regulation 12A”;

(ii) for “of 56 days” substitute “of 52 weeks”;

(b) in paragraphs (a) and (b), for the words “56 days”, in both places they occur, substitute “52 weeks”.

26.  In regulation 14 (modifications to regulation 12B)—

(a) in the opening words, for “regulation 15 (evidence of entitlement for statutory paternity pay (adoption))” substitute “regulation 12B (notice and evidence requirements for statutory paternity pay (adoption)”;

(b) in paragraph (a)—

(i) for “paragraph (2)(b)” substitute “paragraph (2)”;

(ii) for “that paragraph read” substitute “sub-paragraphs (b) and (c) were omitted and replaced by”;

(c) omit paragraph (b);

(d) in paragraph (c) for “paragraph (3)” substitute “paragraph (4)”;

(e) after paragraph (c), insert—

“(ca) paragraph (5) shall apply as if, in sub-paragraphs (a) and (b), the words from “the date provided under” to “for adoption”, in both places they occur, were omitted and replaced by “the first day of the expected week of the child’s birth”;

(cb) paragraph (10) shall apply as if the words “the date referred to in paragraph (5)(a)”, in each place they occur, were replaced by “the first day of the expected week of the child’s birth”;”;

(f) for paragraph (d) substitute—

“(d) paragraph (11) shall apply as if the words from “child’s placement if” to the end were replaced by “birth as soon as is reasonably practicable thereafter”.”.

27.  After regulation 14, insert—

“14A.   In regulation 16A (change in circumstances)—

(a) paragraph (2) shall apply as if sub-paragraphs (a), (b) and (c) read—

“(a) the person does not apply for an order under section 54 of the Human Fertilisation and Embryology Act 2008 within the time limit set by subsection (3) of that section,

(b) the person’s application for an order under that section for the child is refused, withdrawn or otherwise terminated without the order being granted and any time for an appeal or a new application has expired, or

(c) the child dies.”;

(b) paragraph (4) shall apply as if sub-paragraphs (a), (b) and (c) read—

“(a) in a case falling within paragraph (2)(a), the week during which the time limit in section 54(3) of the Human Fertilisation and Embryology Act 2008 for an application for an order under that section for the child expires;

(b) in a case falling within paragraph (2)(b), the week during which the person’s application for an order under that section is refused, withdrawn or otherwise terminated without the order being granted;

(c) in a case falling within paragraph (2)(c), the week during which the child dies.”;

(c) paragraph (5) shall apply as if the words “regulation 6B (notice and evidential requirements for statutory paternity pay (birth)) or” and “as the case may be” were omitted;

(d) paragraph (6) shall apply as if the words “6B or” and “6B, 7,” were omitted.”.

(1)

S.I. 2014/2934, which applies the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002, with modifications, to parental order cases.