The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/354 |
| Year | 2020 |
2020 No. 354
Terms And Conditions Of Employment
The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020
Made 26th March 2020
Coming into force 6th April 2020
The Secretary of State in exercise of the powers conferred by section 80EA(1) and 80ED(i) of the Employment Rights Act 19961and sections 171ZZ6, 171ZZ8, 171ZZ9 and 175(4) of the Social Security Contributions and Benefits Act 19922, makes the following Regulations.
In respect of provisions relating to housing benefit, in accordance with section 176(1) of the Social Security Administration Act 19923the Secretary of State has consulted with organisations appearing to the Secretary of State to be representative of the authorities concerned.
This instrument contains only regulations made by virtue of, or consequential upon, the Schedule to the Parental Bereavement (Leave and Pay) Act 20184and is made before the end of the period of 6 months beginning with the coming into force of that enactment5.
In accordance with section 236(3)6of the Employment Rights Act 1996 and section 176(1)(a)7of the Social Security Contributions and Benefits Act 1992, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
Citation and commencement
1. These Regulations may be cited as the Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 and come into force on 6th April 2020.
Social Security (Credits) Regulations 1975
2. Regulation 9C (credits for adoption pay period, shared parental pay period, additional paternity pay period and maternity pay period) of the Social Security (Credits) Regulations 19758is amended as follows—
(a) in the heading, after “shared parental pay period,” insert “parental bereavement pay period,”;
(b) in paragraph (1)(a) after “paragraph (2)(a)” for “or (aa)” substitute “, (aa) or (d)”;
(c) in paragraph (2) at the end insert—
“; or
(d)
(d) the parental bereavement pay period in respect of which statutory parental bereavement pay is paid to a person”;
(d) in paragraph (5) at the end insert—
“; or
(c)
(c) “statutory parental bereavement pay” means statutory parental bereavement pay payable in accordance with Part 12ZD of that Act9and “parental bereavement pay period” means the weeks in respect of which statutory parental bereavement pay is payable to a person under section 171ZZ9(2) of that Act”.
Statutory Sick Pay (General) Regulations 1982
3. In the Statutory Sick Pay (General) Regulations 198210, in regulation 17 (meaning of “earnings”), in paragraph (3) at the end insert—
“;
(l)
(l) any sum payable by way of statutory parental bereavement pay, including any sums payable in accordance with regulations made under section 171ZZ8(3) of the Contributions and Benefits Act”.
Statutory Maternity Pay (General) Regulations 1986
4.—(1) The Statutory Maternity Pay (General) Regulations 198611are amended as follows.
(2) In regulation 11 (continuous employment), in paragraph (1)(e), after “shared parental leave” insert “, parental bereavement leave”.
(3) In regulation 20 (meaning of “earnings”), in paragraph (4) at the end insert—
“;
(i)
(i) any sum payable by way of statutory parental bereavement pay, including any sums payable in accordance with regulations made under section 171ZZ8(3) of the Contributions and Benefits Act”.
Income Support (General) Regulations 1987
5.—(1) The Income Support (General) Regulations 198712are amended as follows.
(2) In regulation 2 (interpretation), at the appropriate place insert—
““parental bereavement leave” means leave under section 80EA of the Employment Rights Act 1996;”.
(3) In regulation 5 (persons treated as engaged in remunerative work), in paragraph (3A) for “or shared parental leave” substitute “, shared parental leave or parental bereavement leave”.
(4) In regulation 35 (earnings of employed earners), in paragraph (2)(b) for “or shared parental leave” substitute “, shared parental leave or parental bereavement leave”.
(5) In Schedule 1B (prescribed categories of person) after paragraph 14B insert—
“Parental Bereavement Leave
14C. (1) A person who is entitled to, and is taking, parental bereavement leave by virtue of section 80EA of the Employment Rights Act 1996 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 that the person—
(a)
(a) is not entitled to statutory parental bereavement pay by virtue of Part 12ZD of the Contributions and Benefits Act, or to any remuneration from their employer in respect of that leave for the period to which the claim for income support relates;
(b)
(b) is entitled to working tax credit, child tax credit payable at a rate higher than the family element, housing benefit or council tax benefit on the day before that leave begins.
(3) In this paragraph “remuneration” means payment of any kind and “family element” means the amount specified in regulation 7(3) of the Child Tax Credit Regulations 200213but subject in any case to calculations of that amount made in accordance with the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002.”
(6) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) in paragraph 4—
(a)
(a) after “12ZB” insert “or under Part 12ZD”;
(b)
(b) for “or shared parental leave” substitute “, shared parental leave or parental bereavement leave”.
Firefighters’ Pension Scheme Order 1992
6.—(1) The Firefighters’ Pension Scheme Order 199214is amended as follows.
(2) In Schedule 2—
(a)
(a) in Part F (pensionable service and transfer values)—
(i) in rule F2 (current service), paragraph (3), after “paternity” insert “, parental bereavement”;
(ii) in the heading of rule F2A (maternity, paternity and adoption leave) after “paternity” insert “, parental bereavement”;
(iii) in rule F2A (maternity, paternity and adoption leave) after paragraph (2)(a) insert—
“(aa)
“(aa) parental bereavement leave;”.
(b)
(b) in Part G (pensionable pay and contributions) in rule G1 (pensionable pay and average pensionable pay)—
(i) in paragraph (2A) after “paternity” in both places it occurs insert “, parental bereavement”;
(ii) after paragraph (6)(c) insert “(ca) parental bereavement leave;”.
(c)
(c) in Part P (increased pension entitlement) in Part 1 (glossary of expressions) of Schedule 1 (interpretation) insert in the appropriate place—
““Parental bereavement leave” |
Leave under section 80EA of the Employment Rights Act 1996.”. |
National Health Service Pension Scheme Regulations 1995
7.—(1) The National Health Service Pension Scheme Regulations 199515are amended as follows.
(2) In regulation A2 (interpretation), at the appropriate place insert—
““parental bereavement leave” has the meaning given in regulation 3 of the Parental Bereavement Leave Regulations 2020.”.
(3) In regulation P1 (absence because of illness or injury or certain types of leave) in paragraphs (1) and (4)(b) after “parental leave” in the first place it occurs insert “, parental bereavement leave”.
(4) In Schedule 2 (Medical and Dental Practitioners)—
(a)
(a) in paragraph 3 (meaning of pensionable earnings)—
(i) in sub-paragraph (2B)(a)(ii) after “shared parental leave” insert “, parental bereavement leave”;
(ii) in sub-paragraph (2C)(b) after “shared parental leave” insert “, parental bereavement leave”.
(b)
(b) in paragraph 23(5)(c) (accounts and actuarial reports) after “shared parental leave payments” insert “, parental bereavement leave payments”.
Jobseeker’s Allowance Regulations 1996
8.—(1) The Jobseeker’s Allowance Regulations 199616are amended as follows.
(2) In regulation 1 (interpretation), in paragraph (3) at the appropriate place insert—
““parental bereavement leave” means leave under section 80EA of the Employment Rights Act 1996;”.
(3) In regulation 15 (circumstances in which a person is not to be regarded as available), for paragraph (1)(bc) substitute—
“(bc)
“(bc) if that person is on ordinary or additional adoption leave, shared parental leave, paternity leave, or parental bereavement leave by virtue of section 75A, 75B, or 80EA of the Employment Rights Act 1996;”.
(4) In regulation 52 (persons treated as engaged in remunerative work), in paragraph (1), after “shared parental leave” insert “, parental bereavement leave”.
(5) In regulation 98 (earnings of employed earners), in paragraph (2)(c), after “shared parental leave” insert “, parental bereavement leave”.
(6) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) in paragraph 4—
(a)
(a) after “statutory shared parental pay by virtue of Part 12ZC of the Benefits Act,” insert “statutory parental bereavement pay by virtue of Part 12ZD of the Benefits Act,”;
(b)
(b) for “or shared parental leave” substitute “, shared parental leave or parental bereavement leave”.
Social Security (Maternity Allowance) (Earnings) Regulations 2000
9. In the Social Security (Maternity Allowance) (Earnings) Regulations 200017, in regulation 2 (specified payments for employed earners), in paragraph (1) at the end insert—
“;
(i)
(i) any sum payable by way of statutory parental bereavement pay, including any sums payable in accordance with regulations made under section 171ZZ8(3) of the Contributions and Benefits Act”.
State Pension Credit Regulations 2002
10.—(1) The State Pension Credit Regulations 200218are amended as follows.
(2) In...
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