The Statutory Adoption Pay (Curtailment) Regulations (Northern Ireland) 2015

PART 2 CURTAILMENT OF ADOPTION PAY PERIOD

Curtailment of adoption pay period (statutory shared parental pay: A)

4.  A’s adoption pay period shall end on the adoption pay curtailment date if—

(a) A gives an adoption pay period curtailment notice (unless the notice is revoked under regulation 8);

(b) A satisfies the conditions in sub-paragraphs (a) and (d) of regulation 17(2) (entitlement of adopter to statutory shared parental pay (adoption)) of the ShPP Regulations; and

(c) AP satisfies the condition in sub-paragraph (b) of regulation 17(3) of the ShPP Regulations.

Curtailment of adoption pay period (statutory shared parental pay: AP)

5.  A’s adoption pay period shall end on the adoption pay curtailment date if—

(a) A gives an adoption pay period curtailment notice (unless the notice is revoked under regulation 8);

(b) AP satisfies the conditions in sub-paragraph (a) of regulation 18(2) (entitlement of partner to statutory shared parental pay (adoption)) of the ShPP Regulations; and

(c) A satisfies the conditions in sub-paragraphs (b) and (c) of regulation 18(3) of the ShPP Regulations.

Curtailment of adoption pay period (shared parental leave: AP)

6.  A’s adoption pay period shall end on the adoption pay curtailment date if—

(a) A gives an adoption pay period curtailment notice (unless the notice is revoked under regulation 8);

(b) AP satisfies the condition in sub-paragraph (a) of regulation 21(2) (adopter’s partner’s entitlement to shared parental leave) of the SPL Regulations; and

(c) A satisfies the conditions in sub-paragraphs (a) and (c) of regulation 21(3) of the SPL Regulations.

Adoption pay period curtailment notice

7.—(1) An adoption pay period curtailment notice must—

(a) be in writing;

(b) specify the date on which A’s statutory adoption pay period is to end; and

(c) be given to the person who is liable to pay A’s statutory adoption pay.

(2) The date specified in accordance with paragraph (1)(b) must be—

(a) the last day of a week;

(b) at least eight weeks after the date on which A gave the adoption pay period curtailment notice;

(c) at least two weeks after the first day of the adoption pay period; and

(d) at least one week before the last day of the adoption pay period.

(3) If A has more than one entitlement to statutory adoption pay in relation to C, A must curtail the adoption pay period in relation to each (or none) of those entitlements, and in relation to each of those entitlements A must specify an adoption pay curtailment date which falls in the same calendar week.

(4) Where A—

(a) returns to work before giving a notice in accordance with paragraph (1); and

(b) subsequently gives such a notice;

the adoption pay curtailment date shall be the last day of the week in which that notice is submitted (irrespective of the date given in that notice under paragraph (1)).

(5) For the purposes of paragraph (2)(a) and (4), “week” has the meaning given in section 167ZN(8) of the 1992 Act.

(6) In this regulation, A is treated as returning to work where statutory adoption pay is not payable to A in accordance with section 167ZN(3) or (5) of the 1992 Act(1).

Revocation (adoption pay period curtailment notice)

8.—(1) Where AP dies before the adoption pay curtailment date, A may revoke an adoption pay period curtailment notice by giving a notice (“a revocation notice”) in accordance with paragraph (2).

(2) A revocation notice must be given to the person who is liable to pay A statutory adoption pay within a reasonable period from the date of AP’s death and before the adoption pay curtailment date.

(3) A revocation notice must—

(a) be in writing;

(b) state that A revokes the adoption pay period curtailment notice; and

(c) state the date of AP’s death.

(4) Where in accordance with regulation 7(3) A has given an adoption pay period curtailment notice to more than one person, A must give a revocation notice to each of those persons.

(5) A may not give an adoption pay period curtailment notice subsequent to giving a revocation notice.

(1)

Section 167ZN(3) was amended by the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16), Schedule 1, paragraph 20(1) and (2).