Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002
| Year | 2002 |
2002 No. 2821
TERMS AND CONDITIONS OF EMPLOYMENT
The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002
Made 13th November 2002
Laid before Parliament 15th November 2002
Coming into force 8th December 2002
The Secretary of State, in exercise of the powers conferred upon her by virtue of sections 171ZI, 171ZJ(1), 171ZR and 171ZS(1) of the Social Security Contributions and Benefits Act 19921and with the concurrence of the Treasury, by this instrument, which contains only provision made by virtue of sections 2 and 4 of the Employment Act 20022and is made before the end of the period of 6 months from the coming into force of those enactments, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002 and shall come into force on 8th December 2002.
(2) In these Regulations—
“the Act” means the Social Security Contributions and Benefits Act 1992;
“adopter”, in relation to a child, has the same meaning as it has in the General Regulations;
“the Contributions Regulations” means the Social Security Contributions Regulations 20013;
“EEA” means European Economic Area;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 19924as adjusted by Protocol signed at Brussels on 17th March 19935;
“EEA State” means a State which is a contracting party to the EEA Agreement;
“the General Regulations” means the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 20026;
“statutory paternity pay (birth)” and “statutory paternity pay (adoption)” have the same meaning as they have in the General Regulations;
“week” means a period of 7 days beginning with Sunday.
(3) For the purposes of these Regulations, a person is notified of having been matched with a child for the purposes of adoption on the date on which he receives notification, under regulation 11(2) of the Adoption Agencies Regulations 19837or regulation 12(3) of the Adoption Agencies (Scotland) Regulations 19968, that an adoption agency has decided that the person would be a suitable adoptive parent for the child, either individually or jointly with another person.
Restriction on scope
2. A person who would not be treated under regulation 32 of the General Regulations as an employee for the purposes of Parts 12ZA (statutory paternity pay) and 12ZB (statutory adoption pay) of the Act if his employment were in Great Britain shall not be treated as an employee under these Regulations.
Treatment of persons in other EEA States as employees
3. A person who is—
(a) gainfully employed in an EEA State other than the United Kingdom in such circumstances that, if his employment were in Great Britain, he would be an employee for the purposes of Parts 12ZA and 12ZB of the Act, or a person treated as such an employee under regulation 32 of the General Regulations; and
(b) subject to the legislation of the United Kingdom under Council Regulation (EEC) No. 1408/719,
notwithstanding that he is not employed in Great Britain, shall be treated as an employee for the purposes of Parts 12ZA and 12ZB of the Act.
Treatment of certain persons absent from Great Britain as employees
4. Subject to regulation 8(3), where a person, while absent from Great Britain for any purpose, is gainfully employed by an employer who is liable to pay secondary Class 1 contributions in respect of his employment under section 6 of the Act or regulation 146 of the Contributions Regulations, he shall be treated as an employee for the purposes of Parts 12ZA and 12ZB of the Act.
Entitlement to statutory paternity pay where person has worked in an EEA State
5.—(1) A person who is an employee or treated as an employee under regulation 3 and who—
(a)
(a) in the week immediately preceding the 14th week before the expected week of the child’s birth was in employed earner’s employment with an employer in Great Britain; and
(b)
(b) had in any week within the period of 26 weeks immediately preceding that week been employed by the same employer in another EEA State,
shall be treated for the purposes of section 171ZA of the Act (entitlement to statutory paternity pay (birth)) as having been employed in employed earner’s employment in those weeks in which he was so employed in the other EEA State.
(2) A person who is an employee or treated as an employee under regulation 3 and who—
(a)
(a) in the week in which the adopter is notified of being matched with the child for purposes of...
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