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The Statutory Paternity Pay and Statutory Adoption Pay (General) (Amendment) Regulations (Northern Ireland) 2015

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Citation and commencement

1.  These Regulations may be cited as the Statutory Paternity Pay and Statutory Adoption Pay (General) (Amendment) Regulations (Northern Ireland) 2015 and come into operation on 15th March 2015.

Application

2.  The amendments to the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002(1) provided for by regulations 4 to 9 apply in relation to an entitlement to—

(a)statutory paternity pay (birth), only in respect of children whose expected week of birth begins on or after 5th April 2015;

(b)statutory paternity pay (adoption), only in respect of children placed for adoption on or after 5th April 2015.

Amendments to the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002

3.  The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002 are amended as follows.

4.  After regulation 5 (modification of entitlement conditions: early birth) insert—

Notice of entitlement to statutory paternity pay (birth)

5A.  The notice provided for in section 167ZC(1) of the Act must be given to the employer—

(a)in or before the 15th week before the expected week of the child’s birth, or

(b)in a case where it was not reasonably practicable for the employee to give the notice in accordance with paragraph (a), as soon as is reasonably practicable..

5.  In regulation 6 (period of statutory paternity pay (birth)), for paragraph (4) substitute—

(4) An employee who has made a choice in accordance with paragraph (1) may vary the date chosen provided that the employee gives the employer notice of the variation—

(a)where the variation is to provide for the employee’s statutory paternity pay period to begin on the date on which the child is born, or where he is at work on that day, the following day, at least 28 days before the first day of the expected week of the child’s birth;

(b)where the variation is to provide for the employee’s statutory paternity pay period to begin on a date that is a specified number of days (or a different specified number of days) after the date on which the child is born, at least 28 days before the date falling that number of days after the first day of the expected week of the child’s birth;

(c)where the variation is to provide for the employee’s statutory paternity pay period to begin on a predetermined date (or a different predetermined date), at least 28 days before that date,

or, if it is not reasonably practicable to give the notice at least 28 days before whichever day or date is relevant, as soon as is reasonably practicable..

6.  In regulation 9 (evidence of entitlement to statutory paternity pay (birth)) for paragraph (3) substitute—

(3) The information and declaration referred to in paragraph (1) shall be provided—

(a)in or before the 15th week before the expected week of the child’s birth, or

(b)in a case where it was not reasonably practicable for the employee to provide it in accordance with sub-paragraph (a), as soon as reasonably practicable..

7.  After regulation 11 (conditions of entitlement to statutory paternity pay (adoption)) insert—

Notice of entitlement to statutory paternity pay (adoption)

11A.  The notice provided for in section 167ZC(1) of the Act must be given to the employer—

(a)no more than seven days after the date on which the adopter is notified of having been matched with the child, or

(b)in a case where it was not reasonably practicable for the employee to give notice in accordance with paragraph (a), as soon as is reasonably practicable..

8.  In regulation 12 (period of payment of statutory paternity pay (adoption)), for paragraph (4) substitute—

(4) An employee who has made a choice in accordance with paragraph (1) may vary the date chosen provided that the employee gives the employer notice of the variation—

(a)where the variation is to provide for the employee’s statutory paternity pay period to begin on the date on which the child is placed with the adopter or, where the person is at work on that day, the following day, at least 28 days before the date provided under regulation 15(2)(b) as the date on which the child is expected to be placed for adoption;

(b)where the variation is to provide for the employee’s statutory paternity pay period to begin on a date that is a specified number of days (or a different specified number of days) after the date on which the child is placed with the adopter, at least 28 days before the date falling that number of days after the date provided under regulation 15(2)(b) as the date on which the child is expected to be placed for adoption;

(c)where the variation is to provide for the employee’s statutory paternity pay period to begin on a predetermined date, at least 28 days before that date,

or, if it is not reasonably practicable to give the notice at least 28 days before whichever date is relevant, as soon as is reasonably practicable..

9.  In regulation 15 (evidence of entitlement to statutory paternity pay (adoption)), for paragraph (3) substitute—

(3) The information and declaration referred to in paragraph (1) shall be provided—

(a)no more than seven days after the date on which the adopter is notified of having been matched with the child, or

(b)in a case where it was not reasonably practicable for the employee to provide it in accordance with sub-paragraph (a), as soon as is reasonably practicable..

Sealed with the Official Seal of the Department for Employment and Learning on 2nd March 2015.

Legal seal

Dr Stephen Farry

Minister for Employment and Learning

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