Social Security (Paternity and Adoption) Amendment Regulations 2002

JurisdictionUK Non-devolved
CitationSI 2002/2689
for the purposes of regulations 2(5) (a) and 3(3) , on 24th November 2002;for all other purposes, on the date on which Chapter 1 of Part 1 of the Employment Act 2002 comes into force.F34“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;F34“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;“the Income Support Regulations” means the Income Support (General) Regulations 1987 ; and“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .(1) The Income Support Regulations shall be amended in accordance with the following provisions of this regulation.after the definition of “the Act” there shall be inserted the following definition—
    “adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996 ;
;
after the definition of “partner” there shall be inserted the following definition—
    “paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996 ;
.
(3) In regulation 5 (persons treated as engaged in remunerative work) , in paragraph (3A) after “maternity leave” there shall be inserted “ , paternity leave or adoption leave ”.(4) In regulation 35 (earnings of employed earners) , in paragraph (2) (b) after “maternity leave” there shall be inserted “ , paternity leave or adoption leave ”.in sub-paragraph 14(b) after the word “ends” there shall be inserted the words—
    where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003
;
after paragraph 14A there shall be inserted the following paragraph—
    (14B) Paternity Leave
  • (1) A person who is entitled to, and is taking, paternity leave and who satisfies either or both of the conditions set out in sub-paragraph (2) below.
  • (2) The conditions for the purposes of sub-paragraph (1) are—
  • (a) he is not entitled to statutory paternity pay by virtue of Part 12ZA of the Contributions and Benefits Act , or to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates;
  • (b) he is entitled to working families’ tax credit, disabled person’s tax credit, housing benefit or council tax benefit on the day before that leave begins.
A person who is entitled to, and is taking, paternity leave and who satisfies either or both of the conditions set out in sub-paragraph (2) below.he is not entitled to statutory paternity pay by virtue of Part 12ZA of the Contributions and Benefits Act , or to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates;he is entitled to working families’ tax credit, disabled person’s tax credit, housing benefit or council tax benefit on the day before that leave begins.In this paragraph “remuneration” means payment of any kind.after “Part V of the Act” there shall be inserted “ , statutory paternity pay under Part 12ZA of the Contributions and Benefits Act, statutory adoption pay under Part 12ZB of the Contributions and Benefits Act ;after the words “unable to work due to illness or maternity” there shall be added the words “ or who is taking paternity leave or adoption leave ”;in paragraph 4A for “or statutory maternity pay under Part VI of the Social Security (Northern Ireland) Order 1986” there shall be substituted “ , statutory maternity pay under Part XII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or a payment under any enactment having effect in Northern Ireland corresponding to a payment of statutory paternity pay or statutory adoption pay ”.(1) The Jobseeker’s Allowance Regulations shall be amended in accordance with the following paragraphs of this regulation.after the definition of “the Act” there shall be inserted the following definition—
    “adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996 ;
;
after the definition of “part-time student” there shall be inserted the following definition—
    “paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996 ;
.
(3) In paragraph (2) (i) of regulation 3E (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple) after the word “ends” there shall be inserted—
    where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003
.
(4) In regulation 52 (persons treated as engaged in remunerative work) , in paragraph (1) after “maternity leave” there shall be inserted “ , paternity leave, adoption leave ”.(5) In regulation 98 (earnings of employed earners) , in sub-paragraph (2) (c) after “maternity leave” there shall be inserted “ , paternity leave, adoption leave ”.before “statutory sick pay” there shall be inserted “ statutory paternity pay by virtue of Part 12ZA of the Benefits Act, statutory adoption pay by virtue of Part 12ZB of the Benefits Act, ”;after the words “unable to work due to illness or maternity” there shall be added the words “ or who is taking paternity leave or adoption leave ”;in paragraph 5 after “Social Security Contributions and Benefits (Northern Ireland) Act 1992” there shall be inserted “ , or a payment under any enactment having effect in Northern Ireland corresponding to a payment of statutory paternity pay or statutory adoption pay ”.(1) The Housing Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.after the definition of “the Act” there shall be inserted the following definition—
    “adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996;
; and
after the definition of “partner” there shall be inserted the following definition—
    “paternity leave” means a period of...

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