Children and Families Bill (HL Bill 83)

(c) that 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
5entitled to be in that employment;

(e) that 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) 10if regulations so provide, that the claimant mother 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 the claimant mother became entitled to statutory maternity
15pay 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) that the claimant mother has given the person who will be liable
to pay statutory shared parental pay to her notice of—

(i) 20the 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
(disregarding for these purposes any intention of P to
claim statutory shared parental pay in respect of the
25child),

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

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

(j) 30that 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
parental pay in respect of the child;

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

(i) 35is 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
claim for statutory shared parental pay;

(m) that it is the claimant mother’s intention to care for the child
40during 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
in respect of which statutory shared parental pay is paid to her;

(o) that, where she is an employee within the meaning of the
45Employment Rights Act 1996, the claimant mother’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 (“the claimant”), the claimant is
50to 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) 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) 5that the claimant satisfies—

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

(ii) prescribed conditions as to relationship with M;

(c) that M satisfies prescribed conditions—

(i) 10as to employment or self-employment, and

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

(d) that the claimant has been in employed earner’s employment
with an employer for a continuous period of at least the
15prescribed length ending with a prescribed week;

(e) that at the end of that prescribed week the claimant was entitled
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
20lower earnings limit in force under section 5(1)(a) at the end of
that week;

(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)
25is satisfied) until a prescribed time;

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

(i) a maternity allowance, or

(ii) statutory maternity pay;

(i) 30that M satisfies prescribed conditions as to—

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

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

(j) 35that the claimant has given the person who will be liable to pay
statutory shared parental pay to the claimant notice of—

(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
40exercised (disregarding for these purposes any intention
of M to claim statutory shared parental pay in respect of
the child),

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

(iii) 45the number of weeks in respect of which M intends to
claim statutory shared parental pay;

(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
50statutory 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 M consents to the extent of the claimant’s intended claim
for statutory shared parental pay;

(n) 5that it is the claimant’s intention to care for the child during
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
10claimant;

(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) 15Regulations 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
20in 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 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
25return 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
maternity allowance or statutory maternity pay is
payable to the mother, or

(ii) 30if 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 maternity allowance period is reduced by virtue of
35section 35(3A) or, as the case may be, the maternity pay period
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
40action that is treated by regulations as constituting for the
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.

45For 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)—

(a) 50“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
5entitlement 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.

(11) 10Provision 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)
15are 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.

(13) 20The 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;

(b) 25that 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
30parental 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
35shared 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,

(iii) 40the extent to which another person has exercised an
entitlement 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) 45that 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;

(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
5the 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
expected to be, placed for adoption under the law of any part of the
10United 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
15conditions as to caring or intending to care for the child;

(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) 20as to relationship either with the child or with claimant
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) 25that at the end of that prescribed week claimant A was entitled
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
30that week;

(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) 35that claimant A became entitled to statutory adoption pay by
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
40statutory shared parental pay to claimant A notice of—

(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
45of 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
50claim 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;

(k) 5that 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;

(m) 10that 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
15claimant 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.

(3) 20Regulations 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—

(a) 25that 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—

(i) 30prescribed 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

(ii) 35as 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;

(e) 40that 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
lower earnings limit in force under section 5(1)(a) at the end of
45that 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)
until a prescribed time;

(h) 50that 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;

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

(i) 5the 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
exercised (disregarding for these purposes any intention
of Y to claim statutory shared parental pay in respect of
10the child),

(ii) the 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) 15that 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
shared parental pay in respect of the child;

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

(i) 20is 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
statutory shared parental pay;

(n) that it is claimant B’s intention to care for the child during each
25week 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
of which statutory shared parental pay is paid to claimant B;

(p) that, where claimant B is an employee within the meaning of the
30Employment Rights Act 1996, claimant B’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
statutory shared parental pay in respect of a child;

(b) 35when 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
of the adoption pay period reduced by—

(a) 40where 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
to work without satisfying conditions prescribed under
subsection (2)(h) or, as the case may be, subsection (4)(i)—

(i) 45the 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
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).

(7) In subsection (6)(a) “relevant week” means a week falling before the
5week 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).

(8) In determining the number of weeks for the purposes of subsection
10(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
15a 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
statutory shared parental pay may be made to a person in respect of a
20child 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
respect of the child before the end of the person’s adoption pay period.

(12) 25Regulations 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
in respect of the child in question, subject to complying with provision
30under 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
period or periods during which V intends to claim statutory
35shared 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.

(14) Regulations may provide that, where the conditions in subsection (15)
40are 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
of weeks in respect of which V intends to claim statutory shared
parental pay.

(15) The conditions are—

(a) 45that V has given the person who will be liable to pay statutory
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,

(iii) the extent to which another person has exercised an
entitlement to statutory shared parental pay in respect
5of 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) is given by such time as may be prescribed, and

(ii) 10satisfies 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
15child 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
authority foster parent who has been approved as a prospective
20adopter.

(18) This section has effect in relation to regulations made by virtue of
subsection (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
25under 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.

171ZW 30 Entitlement: general

(1) Regulations may—

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

(i) 35section 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),

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

(vi) 40section 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) 45specify in what circumstances employment is to be treated as
continuous for the purposes of section 171ZU or 171ZV;

(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
5at least the prescribed period under two or more
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
10for the purposes of section 171ZU or 171ZV;

(f) provide 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
15person’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
20are, 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) 25a 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) 30In 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
35section 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
40former 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
45circumstances in which, notwithstanding this section, liability to make
payments of statutory shared parental pay is to be a liability of the
Commissioners.