The Additional Statutory Paternity Pay (General) Regulations 2010

Meaning of “earnings” E+W+S

31.—(1) For the purposes of section 171ZJ(6) of the Act (as such provision applies to additional statutory paternity pay) (normal weekly earnings for the purposes of Part 12ZA of the Act), the expression “ earnings” shall be construed in accordance with the following provisions of this regulation.

(2) The expression “earnings” refers to gross earnings and includes any remuneration or profit derived from a person's employment except any payment or amount which is—

(a) excluded from the computation of a person's earnings under regulation 25 of and Schedule 3 to, and regulation 123 of, the Contributions Regulations (payments to be disregarded) and regulation 27 of those Regulations (payments to directors to be disregarded) (or would have been so excluded had they not been under the age of 16);

(b) a chargeable emolument under section 10A of the Act M1 except where, in consequence of such a chargeable emolument being excluded from earnings, a person would not be entitled to additional statutory paternity pay (or where such a payment or amount would have been so excluded and in consequence the person would not have been entitled to additional statutory paternity pay had they not been under the age of 16).

(3) For the avoidance of doubt, “earnings” includes—

(a) any amount retrospectively treated as earnings by regulations made by virtue of section 4B(2) of the Act M2 ;

(b) any sum payable in respect of arrears of pay in pursuance of an order for reinstatement or re-engagement under the Employment Rights Act 1996;

(c) any sum payable by way of pay in pursuance of an order made under the Employment Rights Act 1996 for the continuation of a contract of employment;

(d) any sum payable by way of remuneration in pursuance of a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 M3 ;

(e) any sum payable by way of statutory sick pay, including sums payable in accordance with regulations made under section 151(6) of the Act;

(f) any sum payable by way of statutory maternity pay;

(g) any sum payable by way of ordinary statutory paternity pay;

(h) any sum payable by way of additional statutory paternity pay; and

(i) any sum payable by way of statutory adoption pay.

Modifications etc. (not altering text)

C1 Regs. 24-31 applied (9.4.2010) by The Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations 2010 (S.I. 2010/1057), regs. 1, 3(1) (with reg. 3(2))

Marginal Citations

M1 Section 10A was inserted by section 53 of the Social Security Act 1998 (c. 14).

M2 Section 4B was inserted by section 1(1) of the National Insurance Contributions Act 2006 (c. 10).

M3 1992 c. 52.