Notification or variation: death of adopter or adopter’s partner after curtailment
9.—(1) In the case where—
(a)AP, who in connection with A’s claim is required to satisfy the conditions specified in regulation 17(3), dies after A has reduced A’s adoption pay period under section 167ZN(2A) of the 1992 Act; and
(b)before AP dies A has given the notices and information specified in regulation 19 (notification and evidential requirements relating to the adopter),
then these Regulations apply in respect of any period after AP dies, subject to the modifications in the following provisions of this paragraph.
(2) In regulation 21 (variation)—
(a)paragraph (1) shall apply in relation to the first notice made under that paragraph following AP’s death as if at the end of that paragraph the full stop was omitted and there was added—
“or, where it is not reasonably practicable for A to satisfy this requirement, by notice in writing given to that employer as soon as reasonably practicable after the death of AP, but in any event before that period and which states the date of AP’s death.”;
(b)paragraph (2)(a) shall apply as if it read—
“(a)of the number of weeks during which A and AP have exercised, and the number of weeks A intends to exercise, an entitlement to statutory shared parental pay (adoption) in respect of C;”;
(c)paragraph (2)(b) shall not apply.
(3) In regulation 22 (extent of entitlement)—
(a)paragraph (1)(b)(i) shall apply as if the words “AP has notified AP’s intention to claim” to the end read “the number of weeks in which AP claimed statutory shared parental pay (adoption) in respect of C up to the time of AP’s death;”;
(b)paragraph (5) shall apply as if the words “the last day of the latest period so notified” were “the time of AP’s death”.