Search Legislation

The Work and Families (Northern Ireland) Order 2006

Status:

This is the original version (as it was originally made).

Entitlement to additional statutory paternity pay: birth

This section has no associated Explanatory Memorandum

8.  After section 167ZE of the Contributions and Benefits Act insert—

Additional statutory paternity pay

Entitlement to additional statutory paternity pay: birth

167ZEA.(1) The Department may by regulations provide that, where all the conditions in subsection (2) are satisfied in relation to a person (“the claimant”), the claimant shall be entitled in accordance with the following provisions of this Part to payments to be known as “additional statutory paternity pay”.

(2) Those conditions are—

(a)that the claimant satisfies prescribed conditions—

(i)as to relationship with a child, and

(ii)as to relationship with the child’s mother;

(b)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;

(c)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;

(d)if regulations so provide, that the claimant continues in employed earner’s employment (whether or not with that employer) until a prescribed time;

(e)that the mother of the child by reference to whom the condition in paragraph (a) is satisfied became entitled, by reference to the birth of the child—

(i)to a maternity allowance, or

(ii)to statutory maternity pay;

(f)that the mother has, in relation to employment as an employed or self-employed earner, taken action that is treated by regulations as constituting for the purposes of this section her return to work;

(g)that the day on which the mother is treated as returning to work falls—

(i)after the end of a prescribed period beginning with the birth of the child, but

(ii)at a time when at least a prescribed part of her maternity allowance period or maternity pay period remains unexpired;

(h)that it is the claimant’s intention to care for the child during a period beginning not later than a prescribed time.

(3) The regulations may—

(a)exclude the application of the conditions mentioned in paragraphs (f) and (g) of subsection (2) in cases where the child’s mother has died, and

(b)provide that the condition mentioned in paragraph (e) of that subsection shall have effect with prescribed modifications in such cases.

(4) A person’s entitlement to additional statutory paternity pay under this section shall not be affected by the birth of more than one child as a result of the same pregnancy..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources