This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Regulations)
These Regulations allow eligible women to curtail their statutory maternity pay in accordance with section 165(3A) of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) in order to enable them to take statutory shared parental pay in accordance with section 171ZU of the 1992 Act. The Regulations also allow eligible women to curtail their statutory maternity pay in accordance with section 165(3A) of the 1992 Act in order to allow their partner (which includes their spouse or the child’s father) to take statutory shared parental pay in accordance with section 171ZU of the 1992 Act, or shared parental leave in accordance with section 75E of the Employment Rights Act 1996.
Regulation 3 prescribes how notices may be given under these Regulations.
Regulation 4 applies to a woman curtailing her statutory maternity pay in order to take statutory shared parental pay.
Regulation 5 applies to a woman curtailing her statutory maternity pay so that her partner can take statutory shared parental pay.
Regulation 6 allows a woman who is not eligible for statutory maternity leave to curtail her statutory maternity pay so that her partner can take shared parental leave. In these circumstances, an eligible partner will be entitled to 52 weeks of shared parental leave less the amount of statutory maternity pay the child’s mother has taken at the point of curtailing the maternity pay period.
Regulation 7 prescribes the requirements with which a maternity pay period curtailment notice must comply.
Regulation 8 allows a woman to revoke a notice to curtail her statutory maternity pay in specified circumstances and subject to certain conditions being satisfied.
These Regulations also make equivalent provisions for adopters. The Regulations allow eligible adopters to curtail their adoption pay period in accordance with section 171ZN(2A) of the 1992 Act in order to enable them to take statutory shared parental pay in accordance with section 171ZV of the 1992 Act. The Regulations also allow eligible adopters to curtail their adoption pay period in accordance with 171ZN(2A) of the 1992 Act in order to allow their partner to take statutory shared parental pay in accordance with section 171ZV of the 1992 Act, or shared parental leave in accordance with section 75G of the Employment Rights Act 1996.
An impact assessment has not been prepared for these Regulations. These Regulations are part of a package of legislative measures and the relevant impact assessment is the Modern Workplaces: shared parental leave and pay administration consultation impact assessment which was published in February 2013. A copy of that impact assessment can be obtained from the Department for Business, Innovation and Skills, Labour Market Directorate, 1 Victoria Street, London, SW1H 0ET. Copies have also been placed in the libraries of both Houses of Parliament.
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