The Statutory Shared Parental Pay (General) Regulations (Northern Ireland) 2015

Entitlement of father or partner to statutory shared parental pay (birth) in the event of the death of M before curtailment

1.—(1) In a case where M dies—

(a) before the end of her maternity allowance period in respect of C and without reducing that period under section 35(3A) of the 1992 Act(1), or

(b) before the end of her maternity pay period in respect of C and without reducing that period under section 161(3A) of the 1992 Act(2),

then these Regulations shall apply, in respect of any period after M dies, subject to the modifications in the following provisions of this paragraph.

(2) In regulation 2(1) a person is to be regarded as falling within the definition of P if that person would have done so but for the fact that M had died.

(3) In regulation 5 (entitlement of father or partner)—

(a) paragraph (3)(d) shall not apply;

(b) in a case where M dies before her maternity allowance period or maternity pay period in respect of C starts then the condition in paragraph (3)(c) shall be taken to be satisfied if it would have been satisfied but for the fact that M had died.

(4) In regulation 7 (notification and evidential requirements relating to father or mother’s partner)—

(a) paragraph (1)(a) shall apply as if it read—

“(a) paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by P pursuant to paragraph (2)(d) or, where it is not reasonably practicable for P to satisfy this requirement, as soon as reasonably practicable after the death of M, but in any event before that period;”;

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

(c) in paragraph (2)—

(i) sub-paragraph (a) shall apply as if the words “disregarding any intention of M to claim statutory shared parental pay (birth) in respect of C” were omitted; and

(ii) sub-paragraph (c) shall not apply;

(d) in paragraph (3)—

(i) sub-paragraph (a) shall not apply;

(ii) sub-paragraph (d) shall apply as if it read—

“(d) the following information relating to P and M—

(i) P’s name, M’s name and national insurance number (where this number is known to P), M’s address immediately before she died and the date of M’s death; and

(ii) the start date of M’s maternity pay period or maternity allowance period in respect of C or, where M’s death occurred before her maternity allowance period or maternity pay period in respect of C started, the date that period would have started but for the fact that M had died;”; and

(iii) sub-paragraph (e)(iii) shall not apply;

(e) paragraph (4) shall not apply.

(5) In regulation 8(3) (variation)—

(a) sub-paragraph (a) shall apply as if the reference to M were omitted; and

(b) sub-paragraph (b) shall not apply.

(6) In regulation 10 (extent of entitlement), paragraph (1)(a) shall apply as if the number of weeks referred to is the number of weeks in which maternity allowance or statutory maternity pay was payable to M in respect of C up to the time of M’s death.

(1)

Section 35(3A) was inserted by section 6(2) of the Work and Families Act (Northern Ireland) 2015.

(2)

Section 161(3A) was inserted by section 6(4) of the Work and Families Act (Northern Ireland) 2015.