Children and Families Bill (HC Bill 131)

(d) that the claimant has been in employed earner’s employment
with an employer for a continuous period of at least the
prescribed length ending with a prescribed week;

(e) that at the end of that prescribed week the claimant was entitled
5to be in that employment;

(f) that the claimant’s normal weekly earnings for a prescribed
period ending with a prescribed week are not less than the
lower earnings limit in force under section 5(1)(a) at the end of
that week;

(g) 10if regulations so provide, that the claimant continues in
employed earner’s employment (whether or not with the
employer by reference to whom the condition in paragraph (d)
is satisfied) until a prescribed time;

(h) that M became entitled, by reference to the birth of the child,
15to—

(i) a maternity allowance, or

(ii) statutory maternity pay;

(i) that M satisfies prescribed conditions as to—

(i) the reduction of the duration of the maternity allowance
20period, or

(ii) the reduction of the duration of the maternity pay
period, as the case may be;

(j) that the claimant has given the person who will be liable to pay
statutory shared parental pay to the claimant notice of—

(i) 25the number of weeks in respect of which the claimant
would be entitled to claim statutory shared parental pay
in respect of the child if the entitlement were fully
exercised (disregarding for these purposes any intention
of M to claim statutory shared parental pay in respect of
30the child),

(ii) the number of weeks in respect of which the claimant
intends to claim statutory shared parental pay, and

(iii) the number of weeks in respect of which M intends to
claim statutory shared parental pay;

(k) 35that the claimant has given the person who will be liable to pay
statutory shared parental pay to the claimant notice of the
period or periods during which the claimant intends to claim
statutory shared parental pay in respect of the child;

(l) that a notice under paragraph (j) or (k)—

(i) 40is given by such time as may be prescribed, and

(ii) satisfies prescribed conditions as to form and content;

(m) that M consents to the extent of the claimant’s intended claim
for statutory shared parental pay;

(n) that it is the claimant’s intention to care for the child during
45each week in respect of which statutory shared parental pay is
paid to the claimant;

(o) that the claimant is absent from work during each week in
respect of which statutory shared parental pay is paid to the
claimant;

(p) 50that, where the claimant is an employee within the meaning of
the Employment Rights Act 1996, the claimant’s absence from

work during each such week is absence on shared parental
leave.

(5) Regulations may provide for—

(a) the determination of the extent of a person’s entitlement to
5statutory shared parental pay in respect of a child;

(b) when statutory shared parental pay is to be payable.

(6) Provision under subsection (5)(a) is to secure that the number of weeks
in respect of which a person is entitled to payments of statutory shared
parental pay in respect of a child does not exceed the number of weeks
10of the maternity pay period reduced by—

(a) where the mother of the child takes action that is treated by
regulations as constituting for the purposes of this section her
return to work without satisfying conditions prescribed under
subsection (2)(h) or, as the case may be, subsection (4)(i)—

(i) 15the number of relevant weeks in respect of which
maternity allowance or statutory maternity pay is
payable to the mother, or

(ii) if that number of relevant weeks is less than a number
prescribed by regulations, that prescribed number of
20weeks, or

(b) except where paragraph (a) applies, the number of weeks to
which the maternity allowance period is reduced by virtue of
section 35(3A) or, as the case may be, the maternity pay period
is reduced by virtue of section 165(3A).

(7) 25In subsection (6)(a) “relevant week” means—

(a) where maternity allowance is payable to a mother, a week or
part of a week falling before the time at which the mother takes
action that is treated by regulations as constituting for the
purposes of this section her return to work;

(b) 30where statutory maternity pay is payable to a mother, a week
falling before the week in which the mother takes action that is
so treated.

For these purposes “week” has the meaning given by section 122(1), in
relation to maternity allowance, or the meaning given by section 165(8),
35in relation to statutory maternity pay.

(8) In determining the number of weeks for the purposes of subsection
(6)(b)—

(a) “week” has the same meaning as in subsection (7), and

(b) a part of a week is to be treated as a week.

(9) 40Provision under subsection (5)(a) is to secure that, where two persons
are entitled to payments of statutory shared parental pay in respect of
a child, the extent of one’s entitlement and the extent of the other’s
entitlement do not, taken together, exceed what would be available to
one person (see subsection (6)).

(10) 45Provision under subsection (5)(b) is to secure that no payment of
statutory shared parental pay may be made to a person in respect of a
child after the end of such period as may be prescribed.

(11) Provision under subsection (5)(b) is to secure that no payment of
statutory shared parental pay in respect of a child may be made to a

person who is the mother of the child before the end of the mother’s
maternity pay period.

(12) Regulations may provide that, where the conditions in subsection (13)
are satisfied in relation to a person who is entitled to statutory shared
5parental pay under subsection (1) or (3) (“V”), V may vary the period or
periods during which V intends to claim statutory shared parental pay
in respect of the child in question, subject to complying with provision
under subsection (14) where that is relevant.

(13) The conditions are—

(a) 10that V has given the person who will be liable to pay statutory
shared parental pay to V notice of an intention to vary the
period or periods during which V intends to claim statutory
shared parental pay;

(b) that a notice under paragraph (a)—

(i) 15is given by such time as may be prescribed, and

(ii) satisfies prescribed conditions as to form and content.

(14) Regulations may provide that, where the conditions in subsection (15)
are satisfied in relation to a person who is entitled to statutory shared
parental pay under subsection (1) or (3) (“V”), V may vary the number
20of weeks in respect of which V intends to claim statutory shared
parental pay.

(15) The conditions are—

(a) that V has given the person who will be liable to pay statutory
shared parental pay to V notice of—

(i) 25the extent to which V has exercised an entitlement to
statutory shared parental pay in respect of the child,

(ii) the extent to which V intends to claim statutory shared
parental pay in respect of the child,

(iii) the extent to which another person has exercised an
30entitlement to statutory shared parental pay in respect
of the child, and

(iv) the extent to which another person intends to claim
statutory shared parental pay in respect of the child;

(b) that a notice under paragraph (a)—

(i) 35is given by such time as may be prescribed, and

(ii) satisfies prescribed conditions as to form and content;

(c) that the person who is P or, as the case may be, M in relation to
V consents to that variation.

(16) A person’s entitlement to statutory shared parental pay under this
40section is not affected by the birth of more than one child as a result of
the same pregnancy.

171ZV Entitlement: adoption

(1) Regulations may provide that, where all the conditions in subsection
(2) are satisfied in relation to a person with whom a child is, or is
45expected to be, placed for adoption under the law of any part of the
United Kingdom (“claimant A”), claimant A is to be entitled in
accordance with the following provisions of this Part to payments to be
known as “statutory shared parental pay”.

(2) The conditions are—

(a) that claimant A and another person (“X”) satisfy prescribed
conditions as to caring or intending to care for the child;

(b) that X satisfies prescribed conditions—

(i) 5as to employment or self-employment,

(ii) as to having earnings of a prescribed amount for a
prescribed period, and

(iii) as to relationship either with the child or with claimant
A;

(c) 10that claimant A has been in employed earner’s employment
with an employer for a continuous period of at least the
prescribed length ending with a prescribed week;

(d) that at the end of that prescribed week claimant A was entitled
to be in that employment;

(e) 15that claimant A’s normal weekly earnings for a prescribed
period ending with a prescribed week are not less than the
lower earnings limit in force under section 5(1)(a) at the end of
that week;

(f) if regulations so provide, that claimant A continues in
20employed earner’s employment (whether or not with the
employer by reference to whom the condition in paragraph (c)
is satisfied) until a prescribed time;

(g) that claimant A became entitled to statutory adoption pay by
reference to the placement for adoption of the child;

(h) 25that claimant A satisfies prescribed conditions as to the
reduction of the duration of the adoption pay period;

(i) that claimant A has given the person who will be liable to pay
statutory shared parental pay to claimant A notice of—

(i) the number of weeks in respect of which claimant A
30would be entitled to claim statutory shared parental pay
in respect of the child if the entitlement were fully
exercised (disregarding for these purposes any intention
of X to claim statutory shared parental pay in respect of
the child),

(ii) 35the number of weeks in respect of which claimant A
intends to claim statutory shared parental pay, and

(iii) the number of weeks in respect of which X intends to
claim statutory shared parental pay;

(j) that claimant A has given the person who will be liable to pay
40statutory shared parental pay to claimant A notice of the period
or periods during which claimant A intends to claim statutory
shared parental pay in respect of the child;

(k) that a notice under paragraph (i) or (j)—

(i) is given by such time as may be prescribed, and

(ii) 45satisfies prescribed conditions as to form and content;

(l) that X consents to the extent of claimant A’s intended claim for
statutory shared parental pay;

(m) that it is claimant A’s intention to care for the child during each
week in respect of which statutory shared parental pay is paid
50to claimant A;

(n) that claimant A is absent from work during each week in
respect of which statutory shared parental pay is paid to
claimant A;

(o) that, where claimant A is an employee within the meaning of
5the Employment Rights Act 1996, claimant A’s absence from
work during each such week is absence on shared parental
leave.

(3) Regulations may provide that, where all the conditions in subsection
(4) are satisfied in relation to a person (“claimant B”), claimant B is to be
10entitled in accordance with the following provisions of this Part to
payments to be known as “statutory shared parental pay”.

(4) The conditions are—

(a) that claimant B and another person (“Y”) who is a person with
whom a child is, or is expected to be, placed for adoption under
15the law of any part of the United Kingdom satisfy prescribed
conditions as to caring or intending to care for the child;

(b) that claimant B satisfies—

(i) prescribed conditions as to relationship with the child,
or

(ii) 20prescribed conditions as to relationship with Y;

(c) that Y satisfies prescribed conditions—

(i) as to employment or self-employment, and

(ii) as to having earnings of a prescribed amount for a
prescribed period;

(d) 25that claimant B has been in employed earner’s employment
with an employer for a continuous period of at least the
prescribed length ending with a prescribed week;

(e) that at the end of that prescribed week claimant B was entitled
to be in that employment;

(f) 30that claimant B’s normal weekly earnings for a prescribed
period ending with a prescribed week are not less than the
lower earnings limit in force under section 5(1)(a) at the end of
that week;

(g) if regulations so provide, that claimant B continues in employed
35earner’s employment (whether or not with the employer by
reference to whom the condition in paragraph (d) is satisfied)
until a prescribed time;

(h) that Y became entitled to statutory adoption pay by reference to
the placement for adoption of the child;

(i) 40that Y satisfies prescribed conditions as to the reduction of the
duration of the adoption pay period;

(j) that claimant B has given the person who will be liable to pay
statutory shared parental pay to claimant B notice of—

(i) the number of weeks in respect of which claimant B
45would be entitled to claim statutory shared parental pay
in respect of the child if the entitlement were fully
exercised (disregarding for these purposes any intention
of Y to claim statutory shared parental pay in respect of
the child),

(ii) 50the number of weeks in respect of which claimant B
intends to claim statutory shared parental pay, and

(iii) the number of weeks in respect of which Y intends to
claim statutory shared parental pay;

(k) that claimant B has given the person who will be liable to pay
statutory shared parental pay to claimant B notice of the period
5or periods during which claimant B intends to claim statutory
shared parental pay in respect of the child;

(l) that a notice under paragraph (j) or (k)—

(i) is given by such time as may be prescribed, and

(ii) satisfies prescribed conditions as to form and content;

(m) 10that Y consents to the extent of claimant B’s intended claim for
statutory shared parental pay;

(n) that it is claimant B’s intention to care for the child during each
week in respect of which statutory shared parental pay is paid
to claimant B;

(o) 15that claimant B is absent from work during each week in respect
of which statutory shared parental pay is paid to claimant B;

(p) that, where claimant B is an employee within the meaning of the
Employment Rights Act 1996, claimant B’s absence from work
during each such week is absence on shared parental leave.

(5) 20Regulations may provide for—

(a) the determination of the extent of a person’s entitlement to
statutory shared parental pay in respect of a child;

(b) when statutory shared parental pay is to be payable.

(6) Provision under subsection (5)(a) is to secure that the number of weeks
25in respect of which a person is entitled to payments of statutory shared
parental pay in respect of a child does not exceed the number of weeks
of the adoption pay period reduced by—

(a) where the person who became entitled to receive statutory
adoption pay takes action that is treated by regulations as
30constituting for the purposes of this section the person’s return
to work without satisfying conditions prescribed under
subsection (2)(h) or, as the case may be, subsection (4)(i)—

(i) the number of relevant weeks in respect of which
statutory adoption pay is payable to the person, or

(ii) 35if that number of relevant weeks is less than a number
prescribed by regulations, that prescribed number of
weeks, or

(b) except where paragraph (a) applies, the number of weeks to
which the adoption pay period has been reduced by virtue of
40section 171ZN(2A).

(7) In subsection (6)(a) “relevant week” means a week falling before the
week in which a person takes action that is treated by regulations as
constituting for the purposes of this section the person’s return to work,
and for these purposes “week” has the meaning given by section
45171ZN(8).

(8) In determining the number of weeks for the purposes of subsection
(6)(b)—

(a) “week” has the same meaning as in subsection (7), and

(b) a part of a week is to be treated as a week.

(9) Provision under subsection (5)(a) is to secure that, where two persons
are entitled to payments of statutory shared parental pay in respect of
a child, the extent of one’s entitlement and the extent of the other’s
entitlement do not, taken together, exceed what would be available to
5one person (see subsection (6)).

(10) Provision under subsection (5)(b) is to secure that no payment of
statutory shared parental pay may be made to a person in respect of a
child after the end of such period as may be prescribed.

(11) Provision under subsection (5)(b) is to secure that no payment of
10statutory shared parental pay in respect of a child may be made to a
person who became entitled to receive statutory adoption pay in
respect of the child before the end of the person’s adoption pay period.

(12) Regulations may provide that where the conditions in subsection (13)
are satisfied in relation to a person who is entitled to statutory shared
15parental pay under subsection (1) or (3) (“V”), V may vary the period or
periods during which V intends to claim statutory shared parental pay
in respect of the child in question, subject to complying with provision
under subsection (14) where that is relevant.

(13) The conditions are—

(a) 20that V has given the person who will be liable to pay statutory
shared parental pay to V notice of an intention to vary the
period or periods during which V intends to claim statutory
shared parental pay;

(b) that a notice under paragraph (a)—

(i) 25is given by such time as may be prescribed, and

(ii) satisfies prescribed conditions as to form and content.

(14) Regulations may provide that, where the conditions in subsection (15)
are satisfied in relation to a person who is entitled to statutory shared
parental pay under subsection (1) or (3) (“V”), V may vary the number
30of weeks in respect of which V intends to claim statutory shared
parental pay.

(15) The conditions are—

(a) that V has given the person who will be liable to pay statutory
shared parental pay to V notice of—

(i) 35the extent to which V has exercised an entitlement to
statutory shared parental pay in respect of the child,

(ii) the extent to which V intends to claim statutory shared
parental pay in respect of the child,

(iii) the extent to which another person has exercised an
40entitlement to statutory shared parental pay in respect
of the child, and

(iv) the extent to which another person intends to claim
statutory shared parental pay in respect of the child;

(b) that a notice under paragraph (a)—

(i) 45is given by such time as may be prescribed, and

(ii) satisfies prescribed conditions as to form and content;

(c) that the person who is X or, as the case may be, Y in relation to
V consents to that variation.

(16) A person’s entitlement to statutory shared parental pay under this
section is not affected by the placement for adoption of more than one
child as part of the same arrangement.

(17) Regulations are to provide for entitlement to statutory shared parental
5pay in respect of a child placed, or expected to be placed, under section
22C of the Children Act 1989 by a local authority in England with a local
authority foster parent who has been approved as a prospective
adopter.

(18) This section has effect in relation to regulations made by virtue of
10subsection (17) as if—

(a) references to a child being placed for adoption under the law of
any part of the United Kingdom were references to being placed
under section 22C of the Children Act 1989 with a local
authority foster parent who has been approved as a prospective
15adopter;

(b) references to placement for adoption were references to
placement under section 22C with such a person.

171ZW Entitlement: general

(1) Regulations may—

(a) 20provide that the following do not have effect, or have effect
subject to prescribed modifications, in such cases as may be
prescribed—

(i) section 171ZU(2)(a) to (o),

(ii) section 171ZU(4)(a) to (p),

(iii) 25section 171ZU(13)(a) and (b),

(iv) section 171ZU(15)(a) to (c),

(v) section 171ZV(2)(a) to (o),

(vi) section 171ZV(4)(a) to (p),

(vii) section 171ZV(13)(a) and (b), and

(viii) 30section 171ZV(15)(a) to (c);

(b) impose requirements about evidence of entitlement and
procedures to be followed;

(c) specify in what circumstances employment is to be treated as
continuous for the purposes of section 171ZU or 171ZV;

(d) 35provide that a person is to be treated for the purposes of section
171ZU or 171ZV as being employed for a continuous period of
at least the prescribed period where—

(i) the person has been employed by the same employer for
at least the prescribed period under two or more
40separate contracts of service, and

(ii) those contracts were not continuous;

(e) provide for amounts earned by a person under separate
contracts of service with the same employer to be aggregated
for the purposes of section 171ZU or 171ZV;

(f) 45provide that—

(i) the amount of a person’s earnings for any period, or

(ii) the amount of the person’s earnings to be treated as
comprised in any payment made to the person or for the
person’s benefit,

are to be calculated or estimated for the purposes of section
171ZU or 171ZV in such manner and on such basis as may be
prescribed and that for that purpose payments of a particular
class or description made or falling to be made to or by a person
5are, to such extent as may be prescribed, to be disregarded or,
as the case may be, to be deducted from the amount of the
person’s earnings.

(2) The persons upon whom requirements may be imposed by virtue of
subsection (1)(b) include—

(a) 10a person who, in connection with another person’s claim to be
paid statutory shared parental pay, is required to satisfy
conditions prescribed under section 171ZU(2)(b) or (4)(c) or
171ZV(2)(b) or (4)(c);

(b) an employer or former employer of such a person.

(3) 15In subsection (1)(d) “the prescribed period” means the period of the
length prescribed by regulations under section 171ZU(2)(c) or (4)(d) or
171ZV(2)(c) or (4)(d), as the case may be.

171ZX Liability to make payments

(1) The liability to make payments of statutory shared parental pay under
20section 171ZU or 171ZV is a liability of any person of whom the person
entitled to the payments has been an employee as mentioned in section
171ZU(2)(c) or (4)(d) or 171ZV(2)(c) or (4)(d), as the case may be.

(2) Regulations must make provision as to a former employer’s liability to
pay statutory shared parental pay to a person in any case where the
25former employee’s contract of service with the person has been brought
to an end by the former employer solely, or mainly, for the purpose of
avoiding liability for statutory shared parental pay.

(3) The Secretary of State may, with the concurrence of the Commissioners
for Her Majesty’s Revenue and Customs, by regulations specify
30circumstances in which, notwithstanding this section, liability to make
payments of statutory shared parental pay is to be a liability of the
Commissioners.

171ZY Rate and period of pay

(1) Statutory shared parental pay is payable at such fixed or earnings-
35related weekly rate as may be prescribed by regulations, which may
prescribe different kinds of rate for different cases.

(2) Subject to the following provisions of this section, statutory shared
parental pay is payable to a person in respect of each week falling
within a relevant period, up to the number of weeks determined in the
40case of that person in accordance with regulations under section
171ZU(5) or 171ZV(5).

(3) Except in such cases as may be prescribed, statutory shared parental
pay is not payable to a person in respect of a week falling within a
relevant period if it is not the person’s intention at the beginning of the
45week to care for the child by reference to whom the person satisfies—

(a) the condition in section 171ZU(2)(a) or (4)(a), or

(b) the condition in section 171ZV(2)(a) or (4)(a).

(4) Except in such cases as may be prescribed, statutory shared parental
pay is not payable to a person in respect of a week falling within a
relevant period during any part of which week the person works for
any employer.

(5) 5The Secretary of State may by regulations specify circumstances in
which there is to be no liability to pay statutory shared parental pay in
respect of a week falling within a relevant period.

(6) Where for any purpose of this Part or of regulations it is necessary to
calculate the daily rate of statutory shared parental pay, the amount
10payable by way of statutory shared parental pay for any day shall be
taken as one seventh of the weekly rate.

(7) For the purposes of this section a week falls within a relevant period if
it falls within a period specified in a notice under—

(a) section 171ZU(2)(j), (4)(k) or (13)(a), or

(b) 15section 171ZV(2)(j), (4)(k) or (13)(a),

and is not afterwards excluded from such a period by a variation of the
period or periods during which the person in question intends to claim
statutory shared parental pay.

(8) In this section “week”, in relation to a relevant period, means a period
20of seven days beginning with the day of the week on which the relevant
period starts.

171ZZ Restrictions on contracting out

(1) An agreement is void to the extent that it purports—

(a) to exclude, limit or otherwise modify any provision of this Part,
25or

(b) to require a person to contribute (whether directly or indirectly)
towards any costs incurred by that person’s employer or former
employer under this Part.

(2) For the avoidance of doubt, an agreement between an employer and an
30employee, authorising deductions from statutory shared parental pay
which the employer is liable to pay to the employee in respect of any
period, is not void by virtue of subsection (1)(a) if the employer—

(a) is authorised by that or another agreement to make the same
deductions from any contractual remuneration which the
35employer is liable to pay in respect of the same period, or

(b) would be so authorised if the employer were liable to pay
contractual remuneration in respect of that period.

171ZZ1 Relationship with contractual remuneration

(1) Subject to subsections (2) and (3), any entitlement to statutory shared
40parental pay is not to affect any right of a person in relation to
remuneration under any contract of service (“contractual
remuneration”).

(2) Subject to subsection (3)—

(a) any contractual remuneration paid to a person by an employer
45of that person in respect of any period is to go towards
discharging any liability of that employer to pay statutory
shared parental pay to that person in respect of that period; and