|
| |
|
of weeks in respect of which V intends to claim statutory shared |
| |
| |
| |
(a) | that V has given the person who will be liable to pay statutory |
| |
shared parental pay to V notice of— |
| 5 |
(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, |
| |
(iii) | the extent to which another person has exercised an |
| 10 |
entitlement to statutory shared parental pay in respect |
| |
| |
(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)— |
| 15 |
(i) | is 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 |
| 20 |
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 |
| |
pay 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 |
| 25 |
authority foster parent who has been approved as a prospective |
| |
| |
(18) | This section has effect in relation to regulations made by virtue of |
| |
| |
(a) | references to a child being placed for adoption under the law of |
| 30 |
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 |
| |
| |
(b) | references to placement for adoption were references to |
| 35 |
placement under section 22C with such a person. |
| |
171ZW | Entitlement: general |
| |
| |
(a) | provide that the following do not have effect, or have effect |
| |
subject to prescribed modifications, in such cases as may be |
| 40 |
| |
(i) | section 171ZU(2)(a) to (o), |
| |
(ii) | section 171ZU(4)(a) to (p), |
| |
(iii) | section 171ZU(13)(a) and (b), |
| |
(iv) | section 171ZU(15)(a) to (c), |
| 45 |
(v) | section 171ZV(2)(a) to (o), |
| |
(vi) | section 171ZV(4)(a) to (p), |
| |
(vii) | section 171ZV(13)(a) and (b), and |
| |
|
| |
|
| |
|
(viii) | section 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; |
| 5 |
(d) | provide 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 |
| 10 |
separate 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; |
| 15 |
| |
(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 |
| |
| 20 |
| 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 |
| |
are, to such extent as may be prescribed, to be disregarded or, |
| 25 |
as the case may be, to be deducted from the amount of the |
| |
| |
(2) | The persons upon whom requirements may be imposed by virtue of |
| |
subsection (1)(b) include— |
| |
(a) | a person who, in connection with another person’s claim to be |
| 30 |
paid statutory shared parental pay, is required to satisfy |
| |
conditions prescribed under section 171ZU(2)(b) or (4)(c) or |
| |
| |
(b) | an employer or former employer of such a person. |
| |
(3) | In subsection (1)(d) “the prescribed period” means the period of the |
| 35 |
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 |
| |
section 171ZU or 171ZV is a liability of any person of whom the person |
| 40 |
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 |
| |
former employee’s contract of service with the person has been brought |
| 45 |
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 |
| |
|
| |
|
| |
|
circumstances in which, notwithstanding this section, liability to make |
| |
payments of statutory shared parental pay is to be a liability of the |
| |
| |
171ZY | Rate and period of pay |
| |
(1) | Statutory shared parental pay is payable at such fixed or earnings- |
| 5 |
related 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 |
| 10 |
case of that person in accordance with regulations under section |
| |
| |
(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 |
| 15 |
week 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 |
| 20 |
relevant period during any part of which week the person works for |
| |
| |
(5) | The 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. |
| 25 |
(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 |
| |
payable 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 |
| 30 |
it falls within a period specified in a notice under— |
| |
(a) | section 171ZU(2)(j), (4)(k) or (13)(a), or |
| |
(b) | section 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 |
| 35 |
statutory shared parental pay. |
| |
(8) | In this section “week”, in relation to a relevant period, means a period |
| |
of seven days beginning with the day of the week on which the relevant |
| |
| |
171ZZ | Restrictions on contracting out |
| 40 |
(1) | An agreement is void to the extent that it purports— |
| |
(a) | to exclude, limit or otherwise modify any provision of this Part, |
| |
| |
(b) | to require a person to contribute (whether directly or indirectly) |
| |
towards any costs incurred by that person’s employer or former |
| 45 |
employer under this Part. |
| |
|
| |
|
| |
|
(2) | For the avoidance of doubt, an agreement between an employer and an |
| |
employee, 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 |
| 5 |
deductions from any contractual remuneration which the |
| |
employer 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 |
| 10 |
(1) | Subject to subsections (2) and (3), any entitlement to statutory shared |
| |
parental pay is not to affect any right of a person in relation to |
| |
remuneration under any contract of service (“contractual |
| |
| |
(2) | Subject to subsection (3)— |
| 15 |
(a) | any contractual remuneration paid to a person by an employer |
| |
of 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 |
| |
(b) | any statutory shared parental pay paid by an employer to a |
| 20 |
person who is an employee of that employer in respect of any |
| |
period is to go towards discharging any liability of that |
| |
employer to pay contractual remuneration to that person in |
| |
| |
(3) | Regulations may make provision as to payments which are, and those |
| 25 |
which are not, to be treated as contractual remuneration for the |
| |
purposes of subsections (1) and (2). |
| |
| |
The provisions of this Part apply in relation to persons employed by or |
| |
under the Crown as they apply in relation to persons employed |
| 30 |
otherwise than by or under the Crown. |
| |
171ZZ3 | Special classes of person |
| |
(1) | The Secretary of State may with the concurrence of the Treasury make |
| |
regulations modifying any provision of this Part in such manner as the |
| |
Secretary of State thinks proper in its application to any person who is, |
| 35 |
| |
(a) | employed on board any ship, vessel, hovercraft or aircraft; |
| |
(b) | outside Great Britain at any prescribed time or in any |
| |
prescribed circumstances; or |
| |
(c) | in prescribed employment in connection with continental shelf |
| 40 |
operations, as defined in section 120(2). |
| |
(2) | Regulations under subsection (1) may, in particular, provide— |
| |
(a) | for any provision of this Part to apply to any such person, |
| |
notwithstanding that it would not otherwise apply; |
| |
(b) | for any such provision not to apply to any such person, |
| 45 |
notwithstanding that it would otherwise apply; |
| |
|
| |
|
| |
|
(c) | for excepting any such person from the application of any such |
| |
provision where the person neither is domiciled nor has a place |
| |
of residence in any part of Great Britain; |
| |
(d) | for the taking of evidence, for the purposes of the determination |
| |
of any question arising under any such provision, in a country |
| 5 |
or territory outside Great Britain, by a British consular official or |
| |
such other person as may be determined in accordance with the |
| |
| |
171ZZ4 | Part 12ZC: supplementary |
| |
| 10 |
“adoption pay period” has the meaning given in section 171ZN(2); |
| |
“employer”, in relation to a person who is an employee, means a |
| |
| |
(a) | under section 6 is liable to pay secondary Class 1 |
| |
contributions in relation to any of the earnings of the |
| 15 |
person who is an employee, or |
| |
(b) | would be liable to pay such contributions but for— |
| |
(i) | the condition in section 6(1)(b), or |
| |
(ii) | the employee being under the age of 16; |
| |
“local authority” has the same meaning as in the Children Act 1989 |
| 20 |
(see section 105(1) of that Act); |
| |
“local authority foster parent” has the same meaning as in the |
| |
Children Act 1989 (see section 22C(12) of that Act); |
| |
“maternity allowance period” has the meaning given in section |
| |
| 25 |
“maternity pay period” has the meaning given in section 165(1); |
| |
“modifications” includes additions, omissions and amendments, |
| |
and related expressions are to be read accordingly; |
| |
“prescribed” means prescribed by regulations. |
| |
(2) | In this Part “employee” means a person who is gainfully employed in |
| 30 |
Great Britain either under a contract of service or in an office (including |
| |
elective office) with general earnings (as defined by section 7 of the |
| |
Income Tax (Earnings and Pensions) Act 2003). |
| |
(3) | Regulations may provide— |
| |
(a) | for cases where a person who falls within the definition in |
| 35 |
subsection (2) is not to be treated as an employee for the |
| |
purposes of this Part, and |
| |
(b) | for cases where a person who would not otherwise be an |
| |
employee for the purposes of this Part is to be treated as an |
| |
employee for those purposes. |
| 40 |
(4) | Without prejudice to any other power to make regulations under this |
| |
Part, regulations may specify cases in which, for the purposes of this |
| |
Part or of such provisions of this Part as may be prescribed— |
| |
(a) | two or more employers are to be treated as one; |
| |
(b) | two or more contracts of service in respect of which the same |
| 45 |
person is an employee are to be treated as one. |
| |
|
| |
|
| |
|
(5) | In this Part, except where otherwise provided, “week” means a period |
| |
of seven days beginning with Sunday or such other period as may be |
| |
prescribed in relation to any particular case or class of cases. |
| |
(6) | For the purposes of this Part, a person’s normal weekly earnings are, |
| |
subject to subsection (8), to be taken to be the average weekly earnings |
| 5 |
which in the relevant period have been paid to the person or paid for |
| |
the person’s benefit under the contract of service with the employer in |
| |
| |
(7) | For the purposes of subsection (6) “earnings” and “relevant period” |
| |
have the meanings given to them by regulations. |
| 10 |
(8) | In such cases as may be prescribed, a person’s normal weekly earnings |
| |
are to be calculated in accordance with regulations. |
| |
| |
(a) | in consequence of the establishment of one or more National |
| |
Health Service trusts under the National Health Service Act |
| 15 |
2006, the National Health Service (Wales) Act 2006 or the |
| |
National Health Service (Scotland) Act 1978, a person’s contract |
| |
of employment is treated by a scheme under any of those Acts |
| |
as divided so as to constitute two or more contracts, or |
| |
(b) | an order under paragraph 26(1) of Schedule 3 to the National |
| 20 |
Health Service Act 2006 provides that a person’s contract of |
| |
employment is so divided, |
| |
| regulations may make provision enabling the person to elect for all of |
| |
those contracts to be treated as one contract for the purposes of this Part |
| |
or such provisions of this Part as may be prescribed. |
| 25 |
(10) | Regulations under subsection (9) may prescribe— |
| |
(a) | the conditions that must be satisfied if a person is to be entitled |
| |
to make such an election; |
| |
(b) | the manner in which, and the time within which, such an |
| |
| 30 |
(c) | the persons to whom, and the manner in which, notice of such |
| |
an election is to be given; |
| |
(d) | the information which a person who makes such an election is |
| |
to provide, and the persons to whom, and the time within |
| |
which, the person is to provide it; |
| 35 |
(e) | the time for which such an election is to have effect; |
| |
(f) | which one of the person’s employers under two or more |
| |
contracts is to be regarded for the purposes of statutory shared |
| |
parental pay as the person’s employer under the contract. |
| |
(11) | The powers under subsections (9) and (10) are without prejudice to any |
| 40 |
other power to make regulations under this Part. |
| |
(12) | Regulations under any of subsections (4) to (10) must be made with the |
| |
concurrence of the Commissioners for Her Majesty’s Revenue and |
| |
| |
171ZZ5 | Power to apply Part 12ZC |
| 45 |
(1) | The Secretary of State may by regulations provide for this Part to have |
| |
effect in relation to cases which involve adoption, but not the placement |
| |
|
| |
|
| |
|
of a child for adoption under the law of any part of the United |
| |
Kingdom, with such modifications as the regulations may prescribe. |
| |
(2) | The Secretary of State may by regulations provide for this Part to have |
| |
effect in relation to cases which involve a person who has applied, or |
| |
intends to apply, with another person for a parental order under |
| 5 |
section 54 of the Human Fertilisation and Embryology Act 2008 and a |
| |
child who is, or will be, the subject of the order, with such modifications |
| |
as the regulations may prescribe. |
| |
(3) | Where section 171ZW(1)(b) has effect in relation to such cases as are |
| |
described in subsection (2), regulations under section 171ZW(1)(b) may |
| 10 |
impose requirements to make statutory declarations as to— |
| |
(a) | eligibility to apply for a parental order; |
| |
(b) | intention to apply for such an order.” |
| |
(2) | In section 176 of the Social Security Contributions and Benefits Act 1992 |
| |
(Parliamentary control of subordinate legislation), in subsection (1) |
| 15 |
(affirmative procedure), in paragraph (a), at the appropriate place there is |
| |
| |
“any of sections 171ZU to 171ZY;”. |
| |
90 | Exclusion or curtailment of other statutory rights to pay |
| |
(1) | The Social Security Contributions and Benefits Act 1992 is amended as follows. |
| 20 |
(2) | In section 35 (entitlement to maternity allowance), after subsection (3) there is |
| |
| |
“(3A) | Regulations may provide for the duration of the maternity allowance |
| |
period as it applies to a woman to be reduced, subject to prescribed |
| |
restrictions and conditions. |
| 25 |
(3B) | Regulations under subsection (3A) are to secure that the reduced |
| |
| |
(a) | after a prescribed period beginning with the day on which the |
| |
| |
(b) | when at least a prescribed part of the maternity allowance |
| 30 |
period remains unexpired. |
| |
(3C) | Regulations under subsection (3A) may, in particular, prescribe |
| |
restrictions and conditions relating to— |
| |
(a) | the end of the woman’s entitlement to maternity leave; |
| |
(b) | the doing of work by the woman; |
| 35 |
(c) | the taking of prescribed steps by the woman or another person |
| |
as regards leave under section 75E of the Employment Rights |
| |
Act 1996 in respect of the child; |
| |
(d) | the taking of prescribed steps by a person other than the woman |
| |
as regards statutory shared parental pay in respect of the child.” |
| 40 |
(3) | In section 35, after subsection (3C) (inserted by subsection (2)) there is |
| |
| |
“(3D) | A woman who would, but for the reduction in duration of a maternity |
| |
pay period by virtue of section 165(3A), be entitled to statutory |
| |
|
| |
|