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The Statutory Parental Bereavement Pay (General) Regulations 2020

Consolidated Text As Enacted Cited authorities 111 Cited in Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2020/233
Year2020
  • These Regulations may be cited as the Statutory Parental Bereavement Pay (General) Regulations 2020 and come into force on the day after the day on which they are made.
  • These Regulations apply in respect of children who die on or after 6th April 2020.
    • (1) In these Regulations—
    • “the 1992 Act” means the Social Security Contributions and Benefits Act 1992;
    • “adopter” means a person who intends to adopt C;
    • “C” means the child in relation to whom an entitlement to statutory parental bereavement pay arises;
    • “the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;
    • “intended parent” means a person who—
      • (a) has applied, or intended to apply during the period of 6 months beginning with the day of C's birth—
        • (i) with another person for an order under section 54 (parental orders: two applicants) of the Human Fertilisation and Embryology Act 2008 in respect of C, or
        • (ii) as the sole applicant for an order under section 54A (parental orders: one applicant) of that Act in respect of C, and
      • (b) expected the court to make such an order on that application in respect of C;
    • “official notification” means written notification, issued by or on behalf of the relevant domestic authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of C, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent;
    • “placed for adoption” means placed—
      • (a) for adoption under the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007 ,
      • (b) in accordance with section 22C of the Children Act 1989 (ways in which looked after children are to be accommodated and maintained) with a local authority foster parent who is also a prospective adopter, following consideration in accordance with subsection (9B) (c) of that section , or
      • (c) in accordance with section 81 of the Social Services and Well-being (Wales) Act 2014 with a prospective adopter, following consideration in accordance with subsection (10) of that section;
    • “prospective adopter” means a person who has been approved as suitable to adopt a child and has been notified of that decision in accordance with regulation 30B(4) of the Adoption Agencies Regulations 2005 or regulation 28(3) of the Adoption Agencies (Wales) Regulations 2005 ;
    • “relevant domestic authority” means—
      • (a) in the case of an adopter to whom Part 3 of the Adoptions with a Foreign Element Regulations 2005 apply and who is habitually resident in Wales, the National Assembly for Wales,
      • (b) in the case of an adopter to whom the Adoptions with a Foreign Element (Scotland) Regulations 2009 apply and who is habitually resident in Scotland, the Scottish Ministers, and
      • (c) in any other case, the Secretary of State;
    • “statutory parental bereavement pay” means statutory parental bereavement pay payable in accordance with Part 12ZD of the 1992 Act;
    • “week”, except in Part 3, means a period of seven days
      • ;
    • “week of C's death” means the week, beginning with a Sunday, in which C dies.
    references to a child include a child stillborn after twenty-four weeks of pregnancy, andreferences to the death of a child are to be read, in relation to a stillborn child, as references to the birth of the child.C's parent;C's natural parent and named in an order made pursuant to section 51A(2) (a) of the Adoption and Children Act 2002 a person with whom C has been placed for adoption, for so long as that placement has not been disrupted as mentioned in paragraph (2) ;with whom C was living, following C's entry into Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of C for adoption under the law of any part of the United Kingdom, andwho has received official notification in respect of C;an intended parent of C;C's parent in fact; orthe partner of P.when C has been returned under sections 31 to 35 of the Adoption and Children Act 2002 in Scotland, when C has been returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007, orwith a local authority foster parent who is also a prospective adopter in accordance with section 22C of the Children Act 1989 following consideration in accordance with subsection (9B) (c) of that section, orwith a prospective adopter in accordance with section 81 of the Social Services and Well-being (Wales) Act 2014,lived with C in the person's own home, andhad day to day responsibility for C's care.(4) For the purposes of the continuous period mentioned in paragraph (3) , no account is to be taken of any absences of a temporary or intermittent nature.

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