Children and Families Bill (HL Bill 32)

(4) there is inserted—

“(4A) Provision under subsection (2)(b) must secure that, once an employee
takes leave under section 75E in respect of a child, the employee may
not take leave under this section in respect of the child.”

(7) 5In section 80B (entitlement to ordinary paternity leave: adoption), after
subsection (4) there is inserted—

“(4A) Provision under subsection (2)(b) must secure that, once an employee
takes leave under section 75G in respect of a child, the employee may
not take leave under this section in respect of the child.”

10Statutory shared parental pay

91 Statutory shared parental pay

(1) In the Social Security Contributions and Benefits Act 1992, after section 171ZT
there is inserted—

“Part 12ZC

Statutory shared parental pay

171ZU Entitlement: birth

(1) 15Regulations may provide that, where all the conditions in subsection
(2) are satisfied in relation to a person who is the mother of a child (“the
claimant mother”), the claimant mother is to be entitled in accordance
with the following provisions of this Part to payments to be known as
“statutory shared parental pay”.

(2) 20The conditions are—

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

(b) that P satisfies prescribed conditions—

(i) 25as 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 the
claimant mother;

(c) 30that the claimant mother 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 the claimant mother was
entitled to be in that employment;

(e) 35that the claimant mother’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 the claimant mother continues in
40employed 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 the claimant mother became entitled to statutory maternity
pay by reference to the birth of the child;

(h) that the claimant mother satisfies prescribed conditions as to the
reduction of the duration of the maternity pay period;

(i) 5that the claimant mother has given the person who will be liable
to pay statutory shared parental pay to her notice of—

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

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

(iii) 15the number of weeks in respect of which P intends to
claim statutory shared parental pay;

(j) that the claimant mother has given the person who will be liable
to pay statutory shared parental pay to her notice of the period
or periods during which she intends to claim statutory shared
20parental 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) satisfies prescribed conditions as to form and content;

(l) that P consents to the extent of the claimant mother’s intended
25claim for statutory shared parental pay;

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

(n) that the claimant mother is absent from work during each week
30in respect of which statutory shared parental pay is paid to her;

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

(3) 35Regulations 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—

(a) 40that 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,
45or

(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
50prescribed 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
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,