Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations (Northern Ireland) 2002

Provision of information relating to entitlement to statutory paternity pay or statutory adoption pay

11.—(1) Where an employer who has been given evidence of entitlement to statutory paternity pay or statutory adoption pay pursuant to regulations made under section 167ZC(3)(c) or section 167ZL(8)(c) of the Contributions and Benefits Act by a person who is or has been an employee decides that he has no liability to make payments of statutory paternity pay or statutory adoption pay to the employee, the employer shall furnish the employee with details of the decision and the reasons for it.

(2) Where an employer who has been given such evidence of entitlement to statutory adoption pay has made one or more payments of statutory adoption pay to the employee but decides, before the end of the adoption pay period, that he has no liability to make further payments to the employee because he has been detained in legal custody or sentenced to a term of imprisonment which was not suspended, the employer shall furnish the employee with–

(a) details of his decision and the reasons for it; and

(b) details of the last week in respect of which a liability to pay statutory adoption pay arose and the total number of weeks within the adoption pay period in which such a liability arose.

(3) The employer shall–

(a) return to the employee any evidence provided by him as referred to in paragraph (1) or (2); and

(b) comply with the requirements imposed by paragraph (1) within 28 days of–

(i) in the case of entitlement to statutory paternity pay under section 167ZA(1) of the Contributions and Benefits Act, the day the employee gave notice of his intended absence or the end of the fifteenth week before the expected week of birth, whichever is the later, or

(ii) in the case of entitlement to statutory paternity pay under section 167ZB(1) or of statutory adoption pay under section 167ZL(1) of the Contributions and Benefits Act, the end of the seven-day period that starts on the date on which the adopter is notified of having been matched with the child;

(c) comply with the requirements imposed by paragraph (2) within seven days of being notified of the employee’s detention or sentence.

(4) For the purposes of paragraph (3)(b)(ii), an adopter is notified of having been matched with a child on the date on which he receives notification, under regulation 11(2) of the Adoption Agencies Regulations (Northern Ireland) 1989(1) or regulation 11(2) of the Adoption Agencies Regulations 1983(2) or regulation 12(3) of the Adoption Agencies (Scotland) Regulations 1996(3) that an adoption agency has decided that he would be a suitable adoptive parent for the child.

(1)

S.R. 1989 No. 253

(2)

S.I. 1983/1964

(3)

S.I. 1996/3266