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6 | Entitlement to additional statutory paternity pay: birth |
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After section 171ZE of SSCBA 1992 insert— |
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“Additional statutory paternity pay |
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171ZEA | Entitlement to additional statutory paternity pay: birth |
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(1) | The Secretary of State may by regulations provide that, where all the |
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conditions in subsection (2) are satisfied in relation to a person (“the |
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claimant”), the claimant shall be entitled in accordance with the |
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following provisions of this Part to payments to be known as |
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“additional statutory paternity pay”. |
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(2) | Those conditions are— |
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(a) | that the claimant satisfies prescribed conditions— |
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(i) | as to relationship with a child, and |
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(ii) | as to relationship with the child’s mother; |
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(b) | that the claimant has been in employed earner’s employment |
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with an employer for a continuous period of at least the |
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prescribed length ending with a prescribed week; |
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(c) | that the claimant’s normal weekly earnings for a prescribed |
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period ending with a prescribed week are not less than the |
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lower earnings limit in force under section 5(1)(a) at the end of |
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(d) | if regulations so provide, that the claimant continues in |
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employed earner’s employment (whether or not with that |
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employer) until a prescribed time; |
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(e) | that the mother of the child by reference to whom the condition |
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in paragraph (a) is satisfied became entitled, by reference to the |
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(i) | to a maternity allowance, or |
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(ii) | to statutory maternity pay; |
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(f) | that the mother has, in relation to employment as an employed |
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or self-employed earner, taken action that is treated by |
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regulations as constituting for the purposes of this section her |
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(g) | that the day on which the mother is treated as returning to work |
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(i) | after the end of a prescribed period beginning with the |
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(ii) | at a time when at least a prescribed part of her maternity |
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allowance period or maternity pay period remains |
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(h) | that it is the claimant’s intention to care for the child during a |
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period beginning not later than a prescribed time. |
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(a) | exclude the application of the conditions mentioned in |
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paragraphs (f) and (g) of subsection (2) in cases where the |
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child’s mother has died, and |
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(b) | provide that the condition mentioned in paragraph (e) of that |
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subsection shall have effect with prescribed modifications in |
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(4) | A person’s entitlement to additional statutory paternity pay under this |
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section shall not be affected by the birth of more than one child as a |
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result of the same pregnancy.” |
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7 | Entitlement to additional statutory paternity pay: adoption |
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After section 171ZEA of SSCBA 1992 insert— |
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“171ZEB | Entitlement to additional statutory paternity pay: adoption |
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(1) | The Secretary of State may by regulations provide that, where all the |
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conditions in subsection (2) are satisfied in relation to a person (“the |
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claimant”), the claimant shall be entitled in accordance with the |
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following provisions of this Part to payments to be known as |
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“additional statutory adoption pay”. |
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(2) | Those conditions are— |
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(a) | that the claimant satisfies prescribed conditions— |
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(i) | as to relationship with a child who has been placed for |
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adoption under the law of any part of the United |
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(ii) | as to relationship with a person with whom the child is |
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so placed for adoption (“the adopter”); |
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(b) | that the claimant has been in employed earner’s employment |
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with an employer for a continuous period of at least the |
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prescribed length ending with a prescribed week; |
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(c) | that the claimant’s normal weekly earnings for a prescribed |
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period ending with a prescribed week are not less than the |
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lower earnings limit in force under section 5(1)(a) at the end of |
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(d) | if regulations so provide, that the claimant continues to work in |
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employed earner’s employment (whether or not with that |
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employer) until a prescribed time; |
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(e) | that the adopter became entitled to statutory adoption pay by |
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reference to the placement of the child for adoption; |
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(f) | that the adopter has, in relation to employment as an employed |
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or self-employed earner, taken action that is treated by |
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regulations as constituting for the purposes of this section the |
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adopter’s return to work; |
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(g) | that the day on which the adopter is treated as returning to |
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(i) | after the end of a prescribed period beginning with the |
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placement of the child for adoption, but |
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(ii) | at a time when at least a prescribed part of the adopter’s |
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adoption pay period remains unexpired; |
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(h) | that it is the claimant’s intention to care for the child during a |
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period beginning not later than a prescribed time. |
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(a) | exclude the application of the conditions mentioned in |
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paragraphs (f) and (g) of subsection (2) in cases where the |
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(b) | provide that the condition mentioned in paragraph (e) of that |
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subsection shall have effect with prescribed modifications in |
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(4) | A person may not elect to receive additional statutory paternity pay if |
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he has elected in accordance with section 171ZL to receive statutory |
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(5) | A person’s entitlement to additional statutory paternity pay under this |
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section shall not be affected by the placement for adoption of more than |
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one child as part of the same arrangement.” |
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8 | Entitlement to additional statutory paternity pay: general |
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After section 171ZEB of SSCBA 1992 insert— |
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“171ZEC | Entitlement to additional statutory paternity pay: general |
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(1) | A person shall not be entitled to payments of additional statutory |
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paternity pay in respect of any period unless— |
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(a) | he gives the person who will be liable to pay it notice of the date |
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from which he expects the liability to pay him additional |
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statutory paternity pay to begin and the date on which he |
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expects that liability to end; and |
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(b) | the notice is given by such time as may be prescribed. |
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(2) | The notice shall be in writing if the person who is liable to pay the |
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additional statutory paternity pay so requests. |
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(3) | The Secretary of State may by regulations— |
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(a) | provide that the conditions mentioned in subsection (2)(b) or (c) |
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of section 171ZEA or 171ZEB shall have effect subject to |
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prescribed modifications in such cases as may be prescribed; |
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(b) | provide that subsection (1) of this section shall not have effect, |
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or shall have effect subject to prescribed modifications, in such |
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cases as may be prescribed; |
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(c) | impose requirements about evidence of entitlement; |
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(d) | specify in what circumstances employment is to be treated as |
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continuous for the purposes of section 171ZEA or 171ZEB; |
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(e) | provide that a person is to be treated for the purposes of section |
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171ZEA or 171ZEB as being employed for a continuous period |
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of the length prescribed under that section where— |
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(i) | he has been employed by the same employer for a |
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period of at least that length under two or more |
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contracts of service, and |
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(ii) | those contracts were not continuous; |
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(f) | provide for amounts earned by a person under separate |
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contracts of service with the same employer to be aggregated |
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for the purposes of section 171ZEA or 171ZEB; |
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(i) | the amount of a person’s earnings for any period, or |
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(ii) | the amount of his earnings to be treated as comprised in |
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any payment made to him or for his benefit, |
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| shall be calculated or estimated for the purposes of section |
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171ZEA or 171ZEB in such manner and on such basis as may be |
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prescribed and that for that purpose payments of a particular |
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class or description made or falling to be made to or by a person |
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shall, to such extent as may be prescribed, be disregarded or, as |
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the case may be, be deducted from the amount of his earnings.” |
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9 | Liability to make payments of additional statutory paternity pay |
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After section 171ZEC of SSCBA 1992 insert— |
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“171ZED | Liability to make payments of additional statutory paternity pay |
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(1) | The liability to make payments of additional statutory paternity pay |
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under section 171ZEA or 171ZEB is a liability of any person of whom |
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the person entitled to the payments has been an employee as |
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mentioned in subsection (2)(b) of that section. |
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(2) | Regulations shall make provision as to a former employer’s liability to |
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pay additional statutory paternity pay to a person in any case where the |
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former employee’s contract of service with him has been brought to an |
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end solely, or mainly, for the purpose of avoiding liability for |
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additional statutory paternity pay or ordinary statutory paternity pay, |
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(3) | The Secretary of State may, with the concurrence of the Commissioners |
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for Her Majesty’s Revenue and Customs, by regulations specify |
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circumstances in which, notwithstanding this section, liability to make |
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payments of additional statutory paternity pay is to be a liability of the |
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10 | Additional statutory paternity pay: rate and period of pay |
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After section 171ZED of SSCBA 1992 insert— |
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“171ZEE | Rate and period of pay: additional statutory paternity pay |
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(1) | Additional statutory paternity pay shall be payable at such fixed or |
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earnings-related weekly rate as may be prescribed by regulations, |
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which may prescribe different kinds of rate for different cases. |
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(2) | Subject to the following provisions of this section, additional statutory |
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paternity pay shall be payable in respect of a period (“the additional |
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(a) | beginning with such day as may (subject to subsection (3)) be |
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determined in accordance with regulations, and |
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(i) | the day on which the additional statutory pay period is |
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ended by virtue of subsection (4) or (8), or |
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(ii) | such earlier day as the employee may choose in |
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accordance with regulations. |
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(3) | The first day of the additional paternity pay period must not be earlier |
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than the day on which the child’s mother or the person with whom the |
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child is placed for adoption (“the mother or adopter”) is treated for the |
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purpose of section 171ZEA or 171ZEB as returning to work; but this |
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subsection does not apply in a case where the mother or adopter has |
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(4) | The additional paternity pay period— |
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(a) | shall not last longer than any prescribed number of weeks, |
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(b) | shall not continue after the end of the period of 12 months |
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beginning with the relevant date, and |
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(c) | shall not continue after the end— |
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(i) | in a case falling within section 171ZEA, of the mother’s |
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maternity allowance period or maternity pay period, or |
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(ii) | in a case falling within section 171ZEB, of the adoption |
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pay period of the person with whom the child is placed |
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(5) | In subsection (4)(b), “the relevant date” means— |
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(a) | in the case of a person to whom the conditions in section |
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171ZEA(2) apply, the date of the child’s birth (or, where more |
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than one child is born as a result of the same pregnancy, the date |
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of birth of the first child born as a result of the pregnancy), and |
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(b) | in the case of a person to whom the conditions in section |
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171ZEB(2) apply, the date of the child’s placement for adoption |
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(or, where more than one child is placed for adoption as part of |
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the same arrangement, the date of placement of the first child to |
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be placed as part of the arrangement). |
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(6) | Additional statutory paternity pay shall not be payable to a person in |
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respect of a week if it is not his purpose at the beginning of the week to |
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care for the child by reference to whom he satisfies the condition in sub- |
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paragraph (i) of section 171ZEA(2)(a) or 171ZEB(2)(a). |
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(7) | Except in such cases as may be prescribed, additional statutory |
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paternity pay shall not be payable to a person in respect of a week |
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during any part of which he works for any employer. |
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(8) | Where subsection (6) or (7) prevents additional statutory paternity pay |
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being payable to a person in respect of any week, the person’s |
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additional paternity pay period shall be taken to have ended at the end |
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(9) | Where for any purpose of this Part of this Act or of regulations it is |
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necessary to calculate the daily rate of additional statutory paternity |
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pay, the amount payable by way of additional statutory paternity pay |
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for that day shall be taken to be one seventh of the weekly rate. |
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(10) | In this section “week” means a period of seven days beginning with the |
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day of the week on which the additional paternity pay period began.” |
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Leave and pay related to birth or adoption: further amendments |
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11 | Leave and pay related to birth or adoption: further amendments |
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(1) | Schedule 1 (which contains further amendments relating to statutory leave and pay) |
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(2) | Any reference to statutory paternity pay in any instrument or document made |
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before the commencement of paragraphs 12 and 13 of Schedule 1 is to be read, |
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in relation to any time after that commencement, as a reference to ordinary |
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(3) | Any reference to ordinary statutory paternity pay in any enactment (including |
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this Act and any enactment amended by this Act) or any instrument or |
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document is to be read, in relation to any time before the commencement of |
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paragraphs 12 and 13 of Schedule 1, as a reference to statutory paternity pay. |
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Miscellaneous provisions about employment rights |
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(1) | Section 80F of ERA 1996 (statutory right to request contract variation) is |
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(2) | In subsection (1), for paragraph (b) substitute— |
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“(b) | his purpose in applying for the change is to enable him to care |
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for someone who, at the time of application, is— |
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(i) | a child who has not reached the prescribed age or falls |
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within a prescribed description and in respect of whom |
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(in either case) the employee satisfies prescribed |
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conditions as to relationship, or |
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(ii) | a person aged 18 or over who falls within a prescribed |
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description and in respect of whom the employee |
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satisfies prescribed conditions as to relationship.” |
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(3) | In subsection (2)(d), for the words from “child” to the end substitute “child or |
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other person to be cared for, the conditions as to relationship mentioned in |
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subsection (1)(b)(i) or (ii)”. |
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(4) | Omit subsections (3), (6) and (7). |
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(5) | After subsection (8) insert— |
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“(9) | Regulations under this section may make different provision for |
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“child” means a person aged under 18; |
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“prescribed” means prescribed by regulations made by the |
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(1) | The Secretary of State may by regulations make provision conferring on |
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workers the right, except in prescribed cases, to a prescribed amount of annual |
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leave in each leave year, as defined for the purposes of the regulations. |
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(2) | The regulations may in particular— |
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(a) | make provision for determining the amount of annual leave to which |
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workers are to be entitled; |
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(b) | make provision for determining the amount of pay in respect of any |
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period of leave which is required by the regulations to be paid leave; |
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(c) | make provision enabling a worker to elect when to take leave to which |
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he is entitled by virtue of the regulations, subject to any provision of the |
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regulations enabling his employer to require him to take, or not to take, |
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that leave at a particular time; |
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(d) | make provision for the payment of compensation in prescribed cases to |
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a worker who has not taken leave to which he is entitled; |
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(e) | make provision as to the relationship between the rights conferred by |
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the regulations and a worker’s rights to leave, pay or compensation |
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under any contract or under any Act or subordinate legislation; |
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(f) | enable a worker to present a complaint to an employment tribunal that |
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his employer has refused to permit him to exercise any right he has |
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under the regulations, or has failed to pay him any amount due to him |
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(g) | make, in connection with any right conferred by the regulations |
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(including any right to payment), any other provision which is the |
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same as or similar to any provision made, in connection with any right |
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relating to annual leave conferred in pursuance of any Community |
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obligation, by any regulations under section 2(2) of the 1972 Act made |
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at any time before the day on which the first regulations under this |
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(3) | Regulations under this section may make provision as to— |
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(a) | who is to be treated as a worker for the purposes of the regulations, and |
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(b) | who is to be treated as the worker’s employer. |
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(4) | Regulations under this section may in particular— |
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(a) | make provision applying to— |
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(i) | Crown employment and persons in Crown employment; |
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(ii) | service as a member of the armed forces; |
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(b) | make provision conferring rights to and in connection with annual |
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leave on persons falling within any other categories of persons on |
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whom any Community obligation of the United Kingdom requires a |
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right to annual leave to be conferred. |
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(5) | Regulations under this section— |
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(a) | are to be made by statutory instrument; |
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(b) | may make different provision for different cases; |
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(c) | may contain incidental, supplemental, consequential, transitional or |
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saving provision, including provision amending any Act or |
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(6) | No statutory instrument containing regulations under this section may be |
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made unless a draft of the instrument has been laid before, and approved by a |
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resolution of, each House of Parliament. |
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“the 1972 Act” means the European Communities Act 1972 (c. 68); |
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“the armed forces” means any of the naval, military or air forces of the |
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“Crown employment” has the meaning given by section 191(3) of ERA |
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“subordinate legislation” has the same meaning as in the Interpretation |
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14 | Increase of maximum amount of a week’s pay for certain purposes |
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(1) | This section applies to the sums specified in the following provisions— |
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