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

Notification and variation: death of mother or partner after curtailment

2.—(1) In the case where—

(a) P, who in connection with a claim by M would be required to satisfy the conditions specified in regulation 4(3), dies after M has reduced her maternity allowance period in respect of C under section 35(3A) of the 1992 Act or her maternity pay period in respect of C under section 161(3A) of the 1992 Act; and

(b) before P dies M has not given the notices and information specified in regulation 6 (notice and evidential requirements relating to the mother),

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

(2) In regulation 6 (notification and evidential requirements relating to the mother)—

(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 M pursuant to paragraph (2)(d) or where it is not reasonably practicable for M to satisfy this requirement as soon as reasonably practicable after the death of P, 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 P to claim statutory shared parental pay in respect of C” were omitted;

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

(e) paragraph (4) shall not apply.

(3) In regulation 8 (variation)—

(a) paragraph (2)(a) shall apply as if it read—

“(a) of the number of weeks during which M and P have exercised, and the number of weeks M intends to exercise, an entitlement to statutory shared parental pay (birth) in respect of C”;

(b) paragraph (2)(b) shall not apply.

(4) In regulation 10 (extent of entitlement)—

(a) paragraph (1)(b)(i) shall apply as if the words “P has notified P’s intention to claim” to the end read “the number of weeks in which P claimed statutory shared parental pay (birth) in respect of C up to the time of P’s death.”;

(b) paragraph (7) shall apply as if the words “the last day of the latest period so notified” were “the time of P’s death”.