Modification of entitlement conditions: early birth
5.—(1) Where C’s birth occurs earlier than the 14th week before C’s expected week of birth, regulation 4(3) shall have effect as if, for the conditions set out there, there were substituted the conditions that—
(a)P would have been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the relevant week had C been born after the relevant week;
(b)P’s normal weekly earnings for the period of eight weeks ending with the week immediately preceding C’s actual week of birth are not less than the lower earnings limit in force under section 5(1)(a) of the Act immediately before the commencement of C’s actual week of birth; and
(c)P continues in employed earner’s employment with the employer by reference to whom the condition in sub-paragraph (a) is satisfied for a continuous period beginning with the date of C’s birth and ending with the week before the additional statutory paternity pay period (birth) in respect of C begins.
(2) The references in paragraph 5(1)(a) to the relevant week are to the week immediately preceding the 14th week before C’s expected week of birth.