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The Statutory Paternity Pay (Amendment) Regulations 2024

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11.  In Part 4, before regulation 17, insert—

“Change in circumstances

16A.—(1) This regulation applies where a person is otherwise entitled to statutory paternity pay in respect of a child but a relevant event, as specified in paragraph (2), occurs.

(2) A relevant event as referred to in paragraph (1) occurs when—

(a)the person is notified that the child will no longer be placed with the person with whom the child was to be placed for adoption, or

(b)the child—

(i)dies, or

(ii)is returned after being placed for adoption.

(3) In a case where this regulation applies, the qualifying period for the purposes of section 171ZE(3) of the Act (period within which a period of payment of statutory paternity pay must occur) ends after the end of a period of eight weeks following the end of the relevant week specified in paragraph (4), except in the circumstances mentioned in paragraph (5).

(4) The relevant week referred to in paragraph (3) is—

(a)in a case falling within paragraph (2)(a), the week during which the person with whom the child was to be placed for adoption is notified that the placement will not be made;

(b)in a case falling within paragraph (2)(b)(i), the week during which the child dies;

(c)in a case falling within paragraph (2)(b)(ii), the week during which the child is returned.

(5) Where the person has complied with the requirements in regulation 6B (notice and evidential requirements for statutory paternity pay (birth)) or regulation 12B (notice and evidential requirements for statutory paternity pay (adoption)), as the case may be, the person will remain entitled to payment in respect of any period of payment which has been specified in a notice given, before the day on which the relevant event occurs, under whichever of those regulations is relevant.

(6) Where paragraph (5) applies, no further notices may be served under regulation 6B or 12B other than a notice to cancel a period of payment specified in a notice already given under regulations 6B, 7, 12B or 13.

(7) In this regulation—

(a)“week” means the period of seven days beginning with Sunday;

(b)references to the death of a child are to be read, in relation to a child stillborn after twenty-four weeks of pregnancy, as references to the birth of the child.”.

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