The Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004

JurisdictionUK Non-devolved
CitationSI 2004/488
Year2004

2004 No. 488

TERMS AND CONDITIONS OF EMPLOYMENT

The Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004

Made 26th February 2004

Laid before Parliament 1st March 2004

Coming into force 6th April 2004

The Secretary of State, in exercise of the powers conferred on her by sections 171ZB(2)(a)(ii), 171ZJ(1) and (7), 171ZK, 171ZS(1) and (7), 171ZT and 175(1) of the Social Security Contributions and Benefits Act 19921, with the concurrence of the Commissioners of Inland Revenue in so far as such concurrence is required and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it2, hereby makes the following Regulations:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004, and shall come into operation on 6th April 2004.

(2) In these Regulations—

“the General Regulations” means the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 20023;

“the Modification Regulations” means the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 20034;

“the Overseas Adoptions Regulations” means the Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (No. 2) Regulations 20035.

S-2 Amendment of the General Regulations

Amendment of the General Regulations

2.—(1) The General Regulations shall be amended as follows.

(2) In regulation 11 (conditions of entitlement to statutory paternity pay (adoption): relationship with child and with person with whom the child is placed for adoption)—

(a)

(a) at the end of paragraph (2) (definition of “partner”), for “(3)” substitute “(2A)”;

(b)

(b) after paragraph (2), insert the following paragraph—

S-2A

“2A The relatives of the adopter referred to in paragraph (2) are the adopter’s parent, grandparent, sister, brother, aunt or uncle.”;

(c)

(c) in paragraph (3), for “(2)” substitute “(2A)”.

S-3 Amendment of the Modification Regulations

Amendment of the Modification Regulations

3.—(1) The Modification Regulations shall be amended as follows.

(2) In Schedule 1 (Application of Part 12ZA of the Social Security Contributions and Benefits Act to adoptions from overseas)—

(a)

(a) omit the first modification to section 171ZB(2) of the Act (referring to subsection (3A));

(b)

(b) after the third modification to section 171ZB(2) (relating to paragraph (a)(ii)), insert the following modification—

“In paragraph (b), omit “ending with the relevant week””;

(c)

(c) for the modification to section 171ZB(3) (defining the relevant week), substitute the following modification—

“For subsection (3) substitute—

“3 The references in subsection (2)(c) and (d) to the relevant week are to—

(a) the week in which official notification is sent to the adopter, or

(b) the week at the end of which the person satisfies the condition in subsection (2)(b), whichever is the later.”;”

(d)

(d) omit the modification inserting section 171ZB(3A).

(3) In Schedule 2 (Application of Part 12ZB of the Social Security Contributions and Benefits Act to adoptions from overseas)—

(a)

(a) omit the first modification to section 171ZL(2) of the Act (referring to subsection (3A));

(b)

(b) after the second modification to subsection 171ZL(2) (relating to paragraph (a)), insert the...

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