Additional statutory paternity pay

171ZEAEntitlement to additional statutory paternity pay: birth

1

The Secretary of State may by regulations provide that, where all the conditions in subsection (2) are satisfied in relation to a person (“the claimant”), the claimant shall be entitled in accordance with the following provisions of this Part to payments to be known as “additional statutory paternity pay”.

2

Those conditions are—

a

that the claimant satisfies prescribed conditions—

i

as to relationship with a child, and

ii

as to relationship with the child's mother;

b

that the claimant has been in employed earner's employment with an employer for a continuous period of at least the prescribed length ending with a prescribed week;

c

that the claimant's normal weekly earnings for a prescribed period ending with a prescribed week are not less than the lower earnings limit in force under section 5(1)(a) at the end of that week;

d

if regulations so provide, that the claimant continues in employed earner's employment (whether or not with that employer) until a prescribed time;

e

that the mother of the child by reference to whom the condition in paragraph (a) is satisfied became entitled, by reference to the birth of the child—

i

to a maternity allowance, or

ii

to statutory maternity pay;

f

that the mother has, in relation to employment as an employed or self-employed earner, taken action that is treated by regulations as constituting for the purposes of this section her return to work;

g

that the day on which the mother is treated as returning to work falls—

i

after the end of a prescribed period beginning with the birth of the child, but

ii

at a time when at least a prescribed part of her maternity allowance period or maternity pay period remains unexpired;

h

that it is the claimant's intention to care for the child during a period beginning not later than a prescribed time.

3

The regulations may—

a

exclude the application of the conditions mentioned in paragraphs (f) and (g) of subsection (2) in cases where the child's mother has died, and

b

provide that the condition mentioned in paragraph (e) of that subsection shall have effect with prescribed modifications in such cases.

4

A person's entitlement to additional statutory paternity pay under this section shall not be affected by the birth of more than one child as a result of the same pregnancy.