The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015

10.—(1) It shall read as if, after regulation 21 there was inserted—

“21A.— (1) These Regulations apply to an intended parent or a parental order parent with the modification provided for in paragraph (2) where—

(a) one or more of the periods specified in a notice under regulation 19, 20 or 21 during which A or, as the case may be, AP intends to claim statutory shared parental pay (adoption) start in the 8 weeks following the first day of C’s expected week of birth;

(b) C’s date of birth is before the first day of the expected week of birth; and

(c) A or, as the case may be, AP varies by notice under regulation 21(1) the period or periods referred to in sub-paragraph (a) so that that period or those periods start the same length of time following C’s date of birth as that period or those periods would have started after the first day of the expected week of birth.

(2) The modification in this paragraph is that regulation 21(1) shall read as though at the end there was added—

“The requirement to give notice at least 8 weeks before the first period specified in the notice is satisfied if such notice is given as soon as reasonably practicable after C’s date of birth.”.

(3) These Regulations apply to an intended parent or a parental order parent with the modifications provided for in paragraph (4) where—

(a) C is born more than 8 weeks before the first day of the expected week of birth;

(b) A or, as the case may be, AP has not given the notice and information under regulations 19 or 20 before the date of C’s birth; and

(c) A or, as the case may be, AP specifies in a notice under regulations 19 or 20 a period or periods of statutory shared parental pay (adoption) which start in the 8 weeks following C’s date of birth.

(4) The modifications in this paragraph are—

(a) in regulation 19—

(i) paragraph (1)(a) shall read—

“paragraphs (2) and (3) as soon as reasonably practicable after the date of C’s birth but in any event before the first period specified by A pursuant to paragraph (2)(d);”;

(ii) paragraph (1)(b) and (c) shall not apply;

(iii) paragraph (4) shall not apply.

(b) in regulation 20—

(i) paragraph (1)(a) shall read—

“paragraphs (2) and (3) as soon as reasonably practicable after the date of C’s birth but in any event before the first period specified by AP pursuant to paragraph (2)(d);”;

(ii) paragraph (1)(b) and (c) shall not apply;

(iii) paragraph (4) shall not apply.”.