Part 2

Working-age benefits
CHAPTER 4

Miscellaneous

Entitlement to work

Entitlement to work: maternity allowance and statutory payments
63
1
The Social Security Contributions and Benefits Act 1992 is amended as follows.
2
In section 35 (state maternity allowance)—
a
in subsection (1), at the end there is inserted “and
e
at the commencement of the week referred to in paragraph (a) above she was entitled to engage in the employment referred to in paragraph (b) above.
;
b
in subsection (3), before paragraph (a) there is inserted—
za
for circumstances in which subsection (1)(e) above does not apply;
.
3
In section 164 (statutory maternity pay)—
a
in subsection (2), after paragraph (a) there is inserted—
aa
that at the end of the week immediately preceding that 14th week she was entitled to be in that employment;
;
b
in subsection (9), after paragraph (d) there is inserted—
da
provide for circumstances in which subsection (2)(aa) above does not apply;
.
4
In section 171ZA (ordinary statutory paternity pay: birth)—
a
in subsection (2), after paragraph (b) there is inserted—
ba
that at the end of the relevant week he was entitled to be in that employment;
;
b
after subsection (3) there is inserted—
3A
Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.
5
In section 171ZB (ordinary statutory paternity pay: adoption)—
a
in subsection (2), after paragraph (b) there is inserted—
ba
that at the end of the relevant week he was entitled to be in that employment;
;
b
after subsection (3) there is inserted—
3A
Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.
6
In section 171ZEA (additional statutory paternity pay: birth)—
a
in subsection (2), after paragraph (b) there is inserted—
ba
that at the end of that prescribed week the claimant was entitled to be in that employment;
;
b
in subsection (3), before paragraph (a) there is inserted—
za
exclude the application of the condition mentioned in paragraph (ba) of subsection (2) in prescribed circumstances,
.
7
In section 171ZEB (additional statutory paternity pay: adoption)—
a
in subsection (2), after paragraph (b) there is inserted—
ba
that at the end of that prescribed week the claimant was entitled to be in that employment;
;
b
in subsection (3), before paragraph (a) there is inserted—
za
exclude the application of the condition mentioned in paragraph (ba) of subsection (2) in prescribed circumstances,
.
8
In section 171ZL (statutory adoption pay: entitlement)—
a
in subsection (2), after paragraph (b) there is inserted—
ba
that at the end of the relevant week he was entitled to be in that employment;
;
b
in subsection (3), after “(2)(b)“ there is inserted “, (ba)”;
c
in subsection (8), before paragraph (a) there is inserted—
za
exclude the application of subsection (2)(ba) above in prescribed circumstances;
.
9
After section 173 there is inserted—

Entitlement to be in employment
173A
1
For the purposes of this Act a person is entitled to engage in or to be in any employment if (and only if)—
a
the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or
b
the person has been granted such leave and—
i
the leave is not invalid,
ii
the leave has not for any reason ceased to have effect, and
iii
the leave is not subject to a condition preventing the person from accepting that employment.
10
In Schedule 11 (statutory sick pay: circumstances in which periods of entitlement do not arise)—
a
in paragraph 2, at the end there is inserted—
i
the employee is not entitled to be in his employment on the relevant date.
;
b
at the end there is inserted—
9
Paragraph 2(i) above does not apply in prescribed circumstances.