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The Additional Statutory Paternity Pay (General) Regulations (Northern Ireland) 2010

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Liability of the Commissioners to pay additional statutory paternity pay

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35.—(1) Where—

(a)an officer of Revenue and Customs has decided that an employer is liable to make payments of additional statutory paternity pay;

(b)the time for appealing against the decision has expired; and

(c)no appeal against the decision has been lodged or leave to appeal against the decision is required and has been refused,

then for any week in respect of which the employer was liable to make payments of additional statutory paternity pay but did not do so, and for any subsequent weeks in the additional statutory paternity pay period, the liability to make those payments shall, notwithstanding section 167ZED of the Act, be that of the Commissioners and not the employer.

(2) Liability to make payments of additional statutory paternity pay shall, notwithstanding section 167ZED of the Act, be a liability of the Commissioners and not the employer as from the week in which the employer first becomes insolvent until the end of the additional statutory paternity pay period.

(3) For the purposes of paragraph (2) an employer shall be taken to be insolvent if, and only if—

(a)the employer has been adjudged bankrupt or has made a composition or arrangement with its creditors;

(b)the employer has died and the employer’s estate falls to be administered in accordance with an order made under Article 365 of the Insolvency (Northern Ireland) Order 1989(1); or

(c)where an employer is a company or a limited liability partnership, a winding-up order is made or a resolution for a voluntary winding-up is passed (or, in the case of a limited liability partnership, a determination for a voluntary winding-up has been made) with respect to it, or it enters administration, or a receiver or a manager of its undertaking is duly appointed, or possession is taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company or limited liability partnership comprised in or subject to the charge, or a voluntary arrangement proposed for the purposes of Part 2 of the Insolvency (Northern Ireland) Order 1989 is approved under that Part.

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