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
84

maternity pay for a week is not entitled to a maternity allowance for
that week.”
(4)
In section 165 (the maternity pay period), after subsection (3) there is
inserted—
“(3A)
Regulations may provide for the duration of the maternity pay period
5
as it applies to a woman to be reduced, subject to prescribed restrictions
and conditions.
(3B)
Regulations under subsection (3A) are to secure that the reduced
period ends at a time—
(a)
after a prescribed period beginning with the day on which the
10
woman is confined, and
(b)
when at least a prescribed part of the maternity pay period
remains unexpired.
(3C)
Regulations under subsection (3A) may, in particular, prescribe
restrictions and conditions relating to—
15
(a)
the end of the woman’s entitlement to maternity leave;
(b)
the doing of work by the woman;
(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;
20
(d)
the taking of prescribed steps by the woman or another person
as regards statutory shared parental pay in respect of the child.”
(5)
In section 171ZE (rate and period of statutory paternity pay), after subsection
(3) there is inserted—
“(3A)
Statutory paternity pay is not payable to a person in respect of a
25
statutory pay week if—
(a)
statutory shared parental pay is payable to that person in
respect of any part of that week or that person takes shared
parental leave in any part of that week, or
(b)
statutory shared parental pay was payable to that person or that
30
person has taken shared parental leave in respect of the child
before that week.”
(6)
In section 171ZN (rate and period of statutory adoption pay), after subsection
(2) there is inserted—
“(2A)
Regulations may provide for the duration of the adoption pay period
35
as it applies to a person (“A”) to be reduced, subject to prescribed
restrictions and conditions.
(2B)
Regulations under subsection (2A) are to secure that the reduced
period ends at a time—
(a)
after a prescribed part of the adoption pay period has expired,
40
and
(b)
when at least a prescribed part of the adoption pay period
remains unexpired.
(2C)
Regulations under subsection (2A) may, in particular, prescribe
restrictions and conditions relating to—
45
(a)
the end of A’s entitlement to adoption leave;

Children and Families Bill
Part 6 — Statutory rights to leave and pay
85

(b)
the doing of work by A;
(c)
the taking of prescribed steps by A or another person as regards
leave under section 75G of the Employment Rights Act 1996 in
respect of the child;
(d)
the taking of prescribed steps by A or another person as regards
5
statutory shared parental pay in respect of the child.”
Other statutory rights
91
Statutory rights to leave and pay of prospective adopters with whom looked
after children are placed
(1)
In section 75A of the Employment Rights Act 1996 (ordinary adoption leave),
10
after subsection (1) there is inserted—
“(1A)
The conditions that may be prescribed under subsection (1) include
conditions as to—
(a)
being a local authority foster parent;
(b)
being approved as a prospective adopter;
15
(c)
being notified by a local authority in England that a child is to
be, or is expected to be, placed with the employee under section
22C of the Children Act 1989.”
(2)
In section 80B of the Employment Rights Act 1996 (entitlement to ordinary
paternity leave: adoption)—
20
(a)
in subsection (5), after paragraph (a) there is inserted—
“(aa)
make provision excluding the right to be absent on leave
under this section in the case of an employee who, by
virtue of provision under subsection (6A), has already
exercised a right to be absent on leave under this section
25
in connection with the same child;”;
(b)
after subsection (6) there is inserted—
“(6A)
Regulations under subsection (1) shall include provision for
leave in respect of a child placed, or expected to be placed,
under section 22C of the Children Act 1989 by a local authority
30
in England with a local authority foster parent who has been
approved as a prospective adopter.
(6B)
This section has effect in relation to regulations made by virtue
of subsection (6A) as if—
(a)
references to being placed for adoption were references
35
to being placed under section 22C of the Children Act
1989 with a local authority foster parent who has been
approved as a prospective adopter;
(b)
references to placement for adoption were references to
placement under section 22C with such a person;
40
(c)
paragraph (aa) of subsection (5) were omitted.”
(3)
In section 171ZB of the Social Security Contributions and Benefits Act 1992
(entitlement to ordinary statutory paternity pay: adoption), after subsection (7)
there is inserted—
“(8)
This section has effect in a case involving a child placed under section
45
22C of the Children Act 1989 by a local authority in England with a local

Children and Families Bill
Part 6 — Statutory rights to leave and pay
86

authority foster parent who has been approved as a prospective
adopter with the following modifications—
(a)
the references in subsection (2) to a child being placed for
adoption under the law of any part of the United Kingdom are
to be treated as references to a child being placed under section
5
22C in that manner;
(b)
the reference in subsection (3) to the week in which the adopter
is notified of being matched with the child for the purposes of
adoption is to be treated as a reference to the week in which the
prospective adopter is notified that the child is to be, or is
10
expected to be, placed with the prospective adopter under
section 22C;
(c)
the reference in subsection (6) to placement for adoption is to be
treated as a reference to placement under section 22C;
(d)
the definition in subsection (7) is to be treated as if it were a
15
definition of “prospective adopter”.
(9)
Where, by virtue of subsection (8), a person becomes entitled to
statutory paternity pay in connection with the placement of a child
under section 22C of the Children Act 1989, the person may not become
entitled to payments of statutory paternity pay in connection with the
20
placement of the child for adoption.”
(4)
In section 171ZE of the Social Security Contributions and Benefits Act 1992
(rate and period of pay), after subsection (11) there is inserted—
“(12)
Where statutory paternity pay is payable to a person by virtue of
section 171ZB(8), this section has effect as if—
25
(a)
the references in subsections (3)(b) and (10) to placement for
adoption were references to placement under section 22C of the
Children Act 1989;
(b)
the references in subsection (10) to being placed for adoption
were references to being placed under section 22C.”
30
(5)
In section 171ZL of the Social Security Contributions and Benefits Act 1992
(entitlement to statutory adoption pay), after subsection (8) there is inserted—
“(9)
This section has effect in a case involving a child who is, or is 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
35
approved as a prospective adopter with the following modifications—
(a)
the references in subsections (2)(a) and (4A)(a) to a child being
placed for adoption under the law of any part of the United
Kingdom are to be treated as references to a child being placed
under section 22C in that manner;
40
(b)
the reference in subsection (3) to the week in which the person
is notified that he has been matched with the child for the
purposes of adoption is to be treated as a reference to the week
in which the person is notified that the child is to be, or is
expected to be, placed with him under section 22C;
45
(c)
the references in subsection (4B)(a) to adoption are to be treated
as references to placement under section 22C;
(d)
the reference in subsection (5) to placement, or expected
placement, for adoption is to be treated as a reference to
placement, or expected placement, under section 22C.
50

Children and Families Bill
Part 6 — Statutory rights to leave and pay
87

(10)
Where, by virtue of subsection (9), a person becomes entitled to
statutory adoption pay in respect of a child who is, or is expected to be,
placed under section 22C of the Children Act 1989, the person may not
become entitled to payments of statutory adoption pay as a result of the
child being, or being expected to be, placed for adoption.”
5
(6)
In section 171ZN of the Social Security Contributions and Benefits Act 1992
(rate and period of pay), after subsection (8) there is inserted—
“(9)
Where statutory adoption pay is payable to a person by virtue of
section 171ZL(9), this section has effect as if the reference in subsection
(2E) to the week in which the person is notified that he has been
10
matched with a child for the purposes of adoption were a reference to
the week in which the person is notified that a child is to be, or is
expected to be, placed with him under section 22C of the Children Act
1989.”
(7)
In the Social Security Contributions and Benefits Act 1992—
15
(a)
in section 171ZJ(1), at the appropriate place there is inserted—
““local authority” has the same meaning as in the Children
Act 1989 (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);”;
20
(b)
in section 171ZS(1), at the appropriate place there is inserted—
““local authority” has the same meaning as in the Children
Act 1989 (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);”.
25
92
Statutory rights to leave and pay of applicants for parental orders
(1)
In section 75A of the Employment Rights Act 1996 (ordinary adoption leave),
after subsection (7) there is inserted—
“(8)
The Secretary of State may by regulations provide for this section to
have effect in relation to cases which involve an employee who has
30
applied, or intends to apply, with another person for a parental order
under 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.”
(2)
In section 75B of the Employment Rights Act 1996 (additional adoption leave),
35
after subsection (8) there is inserted—
“(9)
The Secretary of State may by regulations provide for this section to
have effect in relation to cases which involve an employee who has
applied, or intends to apply, with another person for a parental order
under section 54 of the Human Fertilisation and Embryology Act 2008
40
and a child who is, or will be, the subject of the order, with such
modifications as the regulations may prescribe.”
(3)
In section 75D of the Employment Rights Act 1996 (supplemental provision
about adoption leave), after subsection (1) there is inserted—
“(1A)
Where section 75A or 75B has effect in relation to such cases as are
45
described in section 75A(8) or 75B(9), regulations under section 75A or

Children and Families Bill
Part 6 — Statutory rights to leave and pay
88

75B about evidence to be produced may require statutory declarations
as to—
(a)
eligibility to apply for a parental order;
(b)
intention to apply for such an order.”
(4)
In section 80B of the Employment Rights Act 1996 (entitlement to ordinary
5
paternity leave: adoption), after subsection (8) there is inserted—
“(9)
The Secretary of State may by regulations provide for this section to
have effect in relation to cases which involve an employee who has
applied, or intends to apply, with another person for a parental order
under section 54 of the Human Fertilisation and Embryology Act 2008
10
and a child who is, or will be, the subject of the order, with such
modifications as the regulations may prescribe.”
(5)
In section 171ZK of the Social Security Contributions and Benefits Act 1992
(power to apply Part 12ZA, statutory paternity pay, to adoption cases not
involving placement)—
15
(a)
in the title, the words “to adoption cases not involving placement” are
repealed;
(b)
the existing text becomes subsection (1);
(c)
after that subsection there is inserted—
“(2)
The Secretary of State may by regulations provide for this Part
20
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 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
25
prescribe.”
(6)
In section 171ZT of the Social Security Contributions and Benefits Act 1992
(power to apply Part 12ZB, statutory adoption pay, to adoption cases not
involving placement)—
(a)
in the title, the words “to adoption cases not involving placement” are
30
repealed;
(b)
the existing text becomes subsection (1);
(c)
after that subsection there is inserted—
“(2)
The Secretary of State may by regulations provide for this Part
to have effect in relation to cases which involve a person who
35
has applied, or intends to apply, with another person for a
parental order under 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.
40
(3)
Regulations under subsection (2) may modify section
171ZL(8)(c) so as to enable regulations to impose requirements
to make statutory declarations as to—
(a)
eligibility to apply for a parental order;
(b)
intention to apply for such an order.”
45
93
Statutory paternity pay: notice requirement and period of payment
(1)
The Social Security Contributions and Benefits Act 1992 is amended as follows.

Children and Families Bill
Part 6 — Statutory rights to leave and pay
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(2)
In section 171ZC (further provision as to entitlement to statutory paternity
pay)—
(a)
in subsection (1) (requirement to give notice), for the words from “only
if” to the end there is substituted “only if he gives the person who will
be liable to pay it notice of the week or weeks in respect of which he
5
expects there to be liability to pay him statutory paternity pay.”;
(b)
after subsection (1) there is inserted—
“(1A)
Regulations may provide for the time by which notice under
subsection (1) is to be given.”
(3)
In section 171ZE (rate and period of statutory paternity pay)—
10
(a)
in subsection (2) (period of pay), for the words from “be payable” to the
end there is substituted “be payable in respect of—
(a)
such week within the qualifying period, or
(b)
such number of weeks, not exceeding the prescribed
number of weeks, within the qualifying period,
15

as he may choose in accordance with regulations.”;
(b)
after subsection (2) there is inserted—
“(2A)
Provision under subsection (2)(b) is to secure that the
prescribed number of weeks is not less than two.”;
(c)
after subsection (2A) (as inserted by paragraph (b)) there is inserted—
20
“(2B)
Regulations under subsection (2) may permit a person entitled
to receive statutory paternity pay to choose to receive such pay
in respect of non-consecutive periods each of which is a week or
a number of weeks.”
(4)
In section 176 (Parliamentary control of subordinate legislation), in subsection
25
(1) (affirmative procedure), in paragraph (a), after “section 171ZE(1)” there is
inserted “or (2)(b)”.
94
Rate of statutory adoption pay
(1)
In section 171ZN of the Social Security Contributions and Benefits Act 1992
(rate and period of statutory adoption pay)—
30
(a)
subsection (1) is repealed;
(b)
after subsection (2C) (inserted by section 90(6)) there is inserted—
“(2D)
Statutory adoption pay shall be payable to a person—
(a)
at the earnings-related rate, in respect of the first 6
weeks in respect of which it is payable; and
35
(b)
at whichever is the lower of the earnings-related rate
and such weekly rate as may be prescribed, in respect of
the remaining portion of the adoption pay period.
(2E)
The earnings-related rate is a weekly rate equivalent to 90 per
cent of a person’s normal weekly earnings for the period of 8
40
weeks ending with the week in which the person is notified that
the person has been matched with a child for the purposes of
adoption.
(2F)
The weekly rate prescribed under subsection (2D)(b) must not
be less than the weekly rate of statutory sick pay for the time
45
being specified in section 157(1) or, if two or more such rates are

Children and Families Bill
Part 6 — Statutory rights to leave and pay
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for the time being so specified, the higher or highest of those
rates.”;
(c)
in subsection (7), for “subsection (2)” there is substituted “subsections
(2) and (2D)”.
(2)
In section 176 of the Social Security Contributions and Benefits Act 1992
5
(Parliamentary control of subordinate legislation), in subsection (1)
(affirmative procedure), in paragraph (a), the entry for section 171ZN(1) is
repealed.
95
Abolition of additional paternity leave and additional statutory paternity pay
(1)
In Part 8 of the Employment Rights Act 1996, sections 80AA and 80BB
10
(entitlement to additional paternity leave: birth and adoption) are repealed.
(2)
In Part 12ZA of the Social Security Contributions and Benefits Act 1992,
sections 171ZEA to 171ZEE (additional statutory paternity pay: birth and
adoption) are repealed.
Further amendments
15
96
Further amendments
(1)
Schedule 7 (which contains further amendments relating to statutory rights to
leave and pay) has effect.
(2)
A reference to ordinary statutory paternity pay in an instrument or document
made before the commencement of paragraphs 12 and 13 of Schedule 7 is to be
20
read, in relation to any time after that commencement, as a reference to
statutory paternity pay.
(3)
A reference to statutory paternity pay in an enactment (including an enactment
amended by this Act) or in an instrument or document is to be read, in relation
to any time that falls—
25
(a)
after the commencement of paragraphs 12 and 13 of Schedule 1 to the
Work and Families Act 2006, and
(b)
before the commencement of paragraphs 12 and 13 of Schedule 7,

as a reference to ordinary statutory paternity pay.
(4)
Subsection (3) does not apply to the extent that a reference to statutory
30
paternity pay is a reference to additional statutory paternity pay.