Children and Families Bill

Session 2012 - 13
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Children and Families Bill

Children and Families Bill
Part 6 — Statutory rights to leave and pay
70

(3)
Regulations may provide that, where all the conditions in subsection
(4) are satisfied in relation to a person (“the claimant”), the claimant is
to be entitled in accordance with the following provisions of this Part to
payments to be known as “statutory shared parental pay”.
(4)
The conditions are—
5
(a)
that the claimant and another person (“M”) who is the mother
of a child satisfy prescribed conditions as to caring or intending
to care for the child;
(b)
that the claimant satisfies—
(i)
prescribed conditions as to relationship with the child,
10
or
(ii)
prescribed conditions as to relationship with M;
(c)
that M satisfies prescribed conditions—
(i)
as to employment or self-employment, and
(ii)
as to having earnings of a prescribed amount for a
15
prescribed period;
(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
20
to 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;
25
(g)
if 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,
30
to—
(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
35
period, 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—
40
(i)
the 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
45
the 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;
50

Children and Families Bill
Part 6 — Statutory rights to leave and pay
71

(k)
that 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)—
5
(i)
is 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
10
each 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;
15
(p)
that, 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—
20
(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
in respect of which a person is entitled to payments of statutory shared
25
parental pay in respect of a child does not exceed the number of weeks
of 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
30
subsection (2)(h) or, as the case may be, subsection (4)(i)—
(i)
the 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
35
prescribed by regulations, that prescribed number of
weeks, 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
40
is reduced by virtue of section 165(3A).
(7)
In 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
45
purposes of this section her return to work;
(b)
where statutory maternity pay is payable to a mother, a week
falling before the week in which the mother takes action that is
so treated.

Children and Families Bill
Part 6 — Statutory rights to leave and pay
72


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),
in relation to statutory maternity pay.
(8)
In determining the number of weeks for the purposes of subsection
(6)(b)—
5
(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
10
entitlement do not, taken together, exceed what would be available to
one 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.
15
(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)
20
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 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.
25
(13)
The conditions are—
(a)
that 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;
30
(b)
that a notice under paragraph (a)—
(i)
is 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
35
parental pay under subsection (1) or (3) (“V”), V may vary the number
of 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
40
shared parental pay to V notice of—
(i)
the 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,
45
(iii)
the extent to which another person has exercised an
entitlement to statutory shared parental pay in respect
of the child, and

Children and Families Bill
Part 6 — Statutory rights to leave and pay
73

(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)
is given by such time as may be prescribed, and
(ii)
satisfies prescribed conditions as to form and content;
5
(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
section is not affected by the birth of more than one child as a result of
the same pregnancy.
10
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
expected to be, placed for adoption under the law of any part of the
United Kingdom (“claimant A”), claimant A is to be entitled in
15
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;
20
(b)
that X satisfies prescribed conditions—
(i)
as 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
25
A;
(c)
that 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
30
to be in that employment;
(e)
that 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;
35
(f)
if regulations so provide, that claimant A continues in
employed 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
40
reference to the placement for adoption of the child;
(h)
that 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—
45
(i)
the number of weeks in respect of which claimant A
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

Children and Families Bill
Part 6 — Statutory rights to leave and pay
74

of X to claim statutory shared parental pay in respect of
the child),
(ii)
the 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
5
claim statutory shared parental pay;
(j)
that claimant A has given the person who will be liable to pay
statutory 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;
10
(k)
that a notice under paragraph (i) or (j)—
(i)
is given by such time as may be prescribed, and
(ii)
satisfies 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;
15
(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
to claimant A;
(n)
that claimant A is absent from work during each week in
respect of which statutory shared parental pay is paid to
20
claimant A;
(o)
that, where claimant A is an employee within the meaning of
the Employment Rights Act 1996, claimant A’s absence from
work during each such week is absence on shared parental
leave.
25
(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
entitled in accordance with the following provisions of this Part to
payments to be known as “statutory shared parental pay”.
(4)
The conditions are—
30
(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
the 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—
35
(i)
prescribed conditions as to relationship with the child,
or
(ii)
prescribed conditions as to relationship with Y;
(c)
that Y satisfies prescribed conditions—
(i)
as to employment or self-employment, and
40
(ii)
as to having earnings of a prescribed amount for a
prescribed period;
(d)
that 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;
45
(e)
that at the end of that prescribed week claimant B was entitled
to be in that employment;
(f)
that claimant B’s normal weekly earnings for a prescribed
period ending with a prescribed week are not less than the

Children and Families Bill
Part 6 — Statutory rights to leave and pay
75

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
earner’s employment (whether or not with the employer by
reference to whom the condition in paragraph (d) is satisfied)
5
until a prescribed time;
(h)
that Y became entitled to statutory adoption pay by reference to
the placement for adoption of the child;
(i)
that Y satisfies prescribed conditions as to the reduction of the
duration of the adoption pay period;
10
(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
would be entitled to claim statutory shared parental pay
in respect of the child if the entitlement were fully
15
exercised (disregarding for these purposes any intention
of Y to claim statutory shared parental pay in respect of
the child),
(ii)
the number of weeks in respect of which claimant B
intends to claim statutory shared parental pay, and
20
(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
or periods during which claimant B intends to claim statutory
25
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)
that Y consents to the extent of claimant B’s intended claim for
30
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)
that claimant B is absent from work during each week in respect
35
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)
Regulations may provide for—
40
(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
in respect of which a person is entitled to payments of statutory shared
45
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
constituting for the purposes of this section the person’s return
50

Children and Families Bill
Part 6 — Statutory rights to leave and pay
76

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)
if that number of relevant weeks is less than a number
5
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
section 171ZN(2A).
10
(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
171ZN(8).
15
(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
20
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)
Provision under subsection (5)(b) is to secure that no payment of
25
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 became entitled to receive statutory adoption pay in
30
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
parental pay under subsection (1) or (3) (“V”), V may vary the period or
periods during which V intends to claim statutory shared parental pay
35
in respect of the child in question, subject to complying with provision
under subsection (14) where that is relevant.
(13)
The conditions are—
(a)
that V has given the person who will be liable to pay statutory
shared parental pay to V notice of an intention to vary the
40
period or periods during which V intends to claim statutory
shared parental pay;
(b)
that a notice under paragraph (a)—
(i)
is given by such time as may be prescribed, and
(ii)
satisfies prescribed conditions as to form and content.
45
(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