The Statutory Shared Parental Pay (General) Regulations (Northern Ireland) 2015

• (a) an officer of the Revenue and Customs has decided under Article 7(1) of the Social Security Contributions (Transfer of Functions, etc) (Northern Ireland) Order 1999 that an employer is liable to make payments of statutory shared parental pay;

• (b) the time for appealing against the decision has expired; and

• (c) no appeal against the decision has been lodged or leave to appeal against the decision is required and has been refused.

• (3) Despite section 167ZZ1(1) of the 1992 Act, liability to make payments of statutory shared parental pay to a person is to be a liability of the Commissioners and not the employer as from the week in which the employer first becomes insolvent (see paragraph (4)) until the last week that person is entitled to payment of statutory shared parental pay.

• (4) For the purposes of paragraph (3) an employer shall be taken to be insolvent if, and only if—

• (a) the employer has been adjudged bankrupt or has made a composition or arrangement with its creditors;

• (b) the employer has died and the employer's estate falls to be administered in accordance with an order made under Article 365 of the Insolvency (Northern Ireland) Order 1989 ; or

• (c) where an employer is a company or a limited liability partnership—

• (i) a winding-up order is made or a resolution for a voluntary winding-up is passed (or, in the case of a limited liability partnership, a determination for voluntary winding-up has been made) with respect to it;

• (ii) it enters administration;

• (iii) a receiver or manager of its undertaking is duly appointed;

• (iv) possession is taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company or limited liability partnership comprised in or subject to the charge; or

• (v) a voluntary arrangement proposed for the purposes of Part 2 of the Insolvency (Northern Ireland) Order 1989 is approved under that Part.

Liability of the Commissioners to pay statutory shared parental pay in case of legal custody or imprisonment

46

Where there is liability to pay statutory shared parental pay—

• (a) in respect of a period which is subsequent to the last week falling within paragraph (1)(c) of regulations 14 and 26 (cases where there is no liability to pay statutory shared parental pay); or

• (b) during a period of detention in legal custody by virtue of paragraph (2) of those regulations,

that liability, despite section 167ZZ1(1) of the 1992 Act, shall be that of the Commissioners and not the employer.

Payments by the Commissioners

47

Where the Commissioners become liable in accordance with regulation 45(liability of the Commissioners to pay statutory shared parental pay) or regulation 46 (liability of the Commissioners to pay statutory shared parental pay in case of legal custody or imprisonment) then—

• (a) the first payment is to be made as soon as reasonably practicable after they become so liable; and

• (b) subsequent payments are to be made at weekly intervals,

by means of an instrument of payment or by such other means as appear to the Commissioners to be appropriate in the circumstances of any particular case.

Persons unable to act

48

• (1) This regulation applies where—

• (a) statutory shared parental pay is payable to a person or it is alleged that statutory shared parental pay is payable to a person;

• (b) that person is unable for the time being to act;

• (c) no controller ad interim has been appointed by the Court with power to receive statutory shared parental pay on his behalf; and

• (d) a written application has been made to the Commissioners by a person, who, if a natural person, is over the age of 18 to exercise any right, or deal with any sums payable, under Part 12ZC of the 1992 Act on behalf of the person unable to act.

• (2) Where this regulation applies the Commissioners may appoint the person referred to in paragraph (1)(d)—

• (a) to exercise, on behalf of the person unable to act, any right which the person unable to act may be entitled under Part 12ZC of the 1992 Act; and

• (b) to deal, on behalf of the person unable to act, with any sums payable to the person unable to act under Part 12ZC of the 1992 Act.

• (3) Where the Commissioners have made an appointment under paragraph (2)—

• (a) they may at any time revoke it;

• (b) the person appointed may resign their office after having given one month's notice in writing to the Commissioners of that person's intention to do so; and

• (c) the appointment shall end when the Commissioners are notified that a deputy or other person to whom paragraph (1)(c) applies has been appointed.

• (4) Anything required by Part 12ZC of the 1992 Act to be done by or to the person who is unable to act may be done by or to the person appointed under this regulation to act on behalf of the person unable to act, and the receipt of the person so appointed shall be a good discharge to the employer or former employer of the person unable to act for any sum paid.

• (5) For the purposes of this regulation, “the Court” means either—

• (a) a judge in the High Court in Northern Ireland exercising jurisdiction in matters relating to patients; or

• (b) a Master or other statutory officer of the Office of Care and Protection in the High Court in Northern Ireland.

Service of notices

49

• (1) Where a notice is to be given under these Regulations, it may be given—

• (a) where paragraph (2) applies, by electronic communication;

• (b) by post; or

• (c) by personal delivery.

• (2) This paragraph applies where the person who is to receive the notice has agreed that the notice may be given to the person by being transmitted to an electronic address and in an electronic form specified by the person for that purpose.

• (3) Where a notice is to be given under these Regulations it is to be taken to have been given—

• (a) if sent by electronic communication, on the day of transmission;

• (b) if sent by post in an envelope which is properly addressed and sent by prepaid post, on the day on which it is posted;

• (c) if delivered personally, on the day of delivery.

SCHEDULE — STATUTORY SHARED PARENTAL PAY IN SPECIAL CIRCUMSTANCES

PART 1 — STATUTORY SHARED PARENTAL PAY (BIRTH)

Entitlement of father or partner to statutory shared parental pay (birth) in the event of the death of M before curtailment

1

• (1) In a case where M dies—

• (a) before the end of her maternity allowance period in respect of C and without reducing that period under section 35(3A) of the 1992 Act , or

• (b) before the end of her maternity pay period in respect of C and without reducing that period under section 161(3A) of the 1992 Act ,

then these Regulations shall apply, in respect of any period after M dies, subject to the modifications in the following provisions of this paragraph.

• (2) In regulation 2(1) a person is to be regarded as falling within the definition of P if that person would have done so but for the fact that M had died.

• (3) In regulation 5 (entitlement of father or partner)—

• (a) paragraph (3)(d) shall not apply;

• (b) in a case where M dies before her maternity allowance period or maternity pay period in respect of C starts then the condition in paragraph (3)(c) shall be taken to be satisfied if it would have been satisfied but for the fact that M had died.

• (4) In regulation 7 (notification and evidential requirements relating to father or mother's partner)—

• (a) paragraph (1)(a) shall apply as if it read—

(a) paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by P pursuant to paragraph (2)(d) or, where it is not reasonably practicable for P to satisfy this requirement, as soon as reasonably practicable after the death of M, but in any event before that period;

• (b) paragraph (1)(b) and (c) shall not apply;

• (c) in paragraph (2)—

• (i) sub-paragraph (a) shall apply as if the words “disregarding any intention of M to claim statutory shared parental pay (birth) in respect of C” were omitted; and

• (ii) sub-paragraph (c) shall not apply;

• (d) in paragraph (3)—

• (i) sub-paragraph (a) shall not apply;

• (ii) sub-paragraph (d) shall apply as if it read—

(d) the following information relating to P and M— (i) P's name, M's name and national insurance number (where this number is known to P), M's address immediately before she died and the date of M's death; and (ii) the start date of M's maternity pay period or maternity allowance period in respect of C or, where M's death occurred before her maternity allowance period or maternity pay period in respect of C started, the date that period would have started but for the fact that M had died;

; and

• (iii) sub-paragraph (e)(iii) shall not apply;

• (e) paragraph (4) shall not apply.

• (5) In regulation 8(3) (variation)—

• (a) sub-paragraph (a) shall apply as if the reference to M were omitted; and

• (b) sub-paragraph (b) shall not apply.

• (6) In regulation 10 (extent of entitlement), paragraph (1)(a) shall apply as if the number of weeks referred to is the number of weeks in which maternity allowance or statutory maternity pay was payable to M in respect of C up to the time of M's death.

Notification and variation: death of mother or partner after curtailment

2

• (1) In the case where—

• (a) P, who in connection with a claim by M would be required to satisfy the conditions specified in regulation 4(3), dies after M has reduced her maternity allowance period in respect of C under section 35(3A) of the 1992 Act or her maternity pay period in respect of C under section 161(3A) of the 1992 Act; and

• (b) before P dies M has not given the notices and information specified in regulation 6 (notice and evidential requirements relating to the mother),

then these Regulations apply in respect of any period after P dies, subject to the modifications in the following provisions of this paragraph.

• (2) In regulation 6 (notification and evidential requirements relating to the mother)—

• (a) paragraph (1)(a) shall apply as if it read—

(a) paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by M pursuant to paragraph (2)(d) or where it is not reasonably practicable for M to satisfy this requirement as soon as reasonably practicable after the death of P, but in any event before that period;

• (b) paragraph (1)(b) and (c) shall not apply;

• (c) in paragraph (2)—

• (i) sub-paragraph (a) shall apply as if the words “disregarding any intention of P to claim statutory shared parental pay in respect of C” were omitted;

• (ii) sub-paragraph (c) shall not apply;

• (d) in paragraph (3)—

• (i) sub-paragraph (a) shall not apply;

• (ii) sub-paragraph (d) shall apply as if it read—

(d) M's name, P's name and national insurance number (where this number is known to M), P's address immediately before P died and the date of P's death

• (e) paragraph (4) shall not apply.

• (3) In regulation 8 (variation)—

• (a) paragraph (2)(a) shall apply as if it read—

(a) of the number of weeks during which M and P have exercised, and the number of weeks M intends to exercise, an entitlement to statutory shared parental pay (birth) in respect of C

• (b) paragraph (2)(b) shall not apply.

• (4) In regulation 10 (extent of entitlement)—

• (a) paragraph (1)(b)(i) shall apply as if the words “P has notified P's intention to claim” to the end read “the number of weeks in which P claimed statutory shared parental pay (birth) in respect of C up to the time of P's death.”;

• (b) paragraph (7) shall apply as if the words “the last day of the latest period so notified” were “the time of P's death”.

3

• (1) In the case where—

• (a) P, who in connection with M's claim is required to satisfy the conditions specified in regulation 4(3), dies after M has reduced her maternity allowance period in respect of C under section 35(3A) of the 1992 Act or her maternity pay period in respect of C under section 161(3A) of the 1992 Act; and

• (b) before P dies M has given the notices and information specified in regulation 6 (notification and evidential requirements relating to the mother),

then these Regulations apply in respect of any period after P dies, subject to the modifications in the following provisions of this paragraph.

• (2) In regulation 8 (variation)—

• (a) paragraph (1) shall apply in relation to the first notice made under that paragraph following P's death as if at the end of that paragraph there is added—

or, where it is not reasonably practicable for M to satisfy this requirement, by notice in writing given to that employer as soon as reasonably practicable after the death of P, but in any event before that period and which states the date of P's death

• (b) paragraph (2)(a) shall apply as if it read—

(a) of the number of weeks during which M and P have exercised, and the number of weeks M intends to exercise, an entitlement to statutory shared parental pay (birth) in respect of C;

• (c) paragraph (2)(b) shall not apply.

• (3) In regulation 10—

• (a) paragraph (1)(b)(i) shall apply as if the words “P has notified P's intention to claim” to the end read—

the number of weeks in which P claimed statutory shared parental pay (birth) in respect of C up to the time of P's death;

• (b) paragraph (7) shall apply as if the words “the last day of the latest period so notified” were “the time of P's death”.

4

• (1) In the case where—

• (a) M dies after she has reduced her maternity allowance period in respect of C under section 35(3A) of the 1992 Act or her maternity pay period in respect of C under section 161(3A) of the 1992 Act; and

• (b) before M dies P has not given the notices and information specified in regulation 7 (notification and evidential requirements relating to father or partner),

then these Regulations apply in respect of any period after M dies, subject to the modifications in the following provisions of this paragraph.

• (2) In regulation 2(1) (definitions) a person is to be regarded as falling within the definition of P if that person would have done so but for the fact that M has died.

• (3) In regulation 7 (notification and evidential requirements relating to P)—

• (a) in paragraph (1)—

• (i) sub-paragraph (a) shall apply as if it read—

(a) paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by P pursuant to paragraph (2)(d) or where it is not reasonably practicable for P to satisfy this requirement as soon as reasonably practicable after the death of M, but in any event before that period;

• (ii) sub-paragraphs (b) and (c) shall not apply;

• (b) in paragraph (2)—

• (i) sub-paragraph (a) shall apply as if the words “disregarding any intention of M to claim statutory shared parental pay in respect of C” were omitted;

• (ii) sub-paragraph (c) shall not apply;

• (c) in paragraph (3)—

• (i) sub-paragraph (a) shall not apply;

• (ii) sub-paragraph (d) shall apply as if it read—

(d) P's name, M's name and national insurance number (where this number is known to P), M's address immediately before she died and the date of M's death

• (iii) sub-paragraph (e)(iii) shall not apply;

• (d) paragraph (4) shall not apply.

• (4) In regulation 8 (variation), in paragraph (3)—

• (a) sub-paragraph (a) shall apply as if it read—

(a) of the number of weeks during which P and M have exercised, and the number of weeks P intends to exercise, an entitlement to statutory shared parental pay (birth) in respect of C.

• (b) sub-paragraph (b) shall not apply.

• (5) In regulation 10 (extent of entitlement)—

• (a) paragraph (1)(b)(ii) shall apply as if the words “M has notified M's intention to claim” to the end read—

the number of weeks in which M claimed statutory shared parental pay (birth) in respect of C up to the time of M's death;

• (b) paragraph (8) shall apply as if the words “the last day of the latest period” were “the time of M's death”.

5

• (1) In the case where—

• (a) M dies after she has reduced her maternity allowance period in respect of C under section 35(3A) of the 1992 Act or her maternity pay period in respect of C under section 161(3A) of the 1992 Act; and

• (b) before M dies P has given the notice and information specified in regulation 7 (notification and evidential requirements relating to father or mother's partner),

then these Regulations apply in respect of any period after M dies subject to the modifications in the following provisions of this paragraph.

• (2) In regulation 8 (variation)—

• (a) paragraph (1) shall apply in relation to the first notice made under that regulation following M's death as if at the end of that paragraph the full stop was omitted and there was added—

or, where it is not reasonably practicable for P to satisfy this requirement, by notice in writing given to that employer as soon as reasonably practicable after the death of M, but in any event before that period and which states the date of M's death.

• (b) paragraph (3)(a) shall apply as if it read—

(a) of the number of weeks during which P and M have exercised, and the number of weeks P intends to exercise, an entitlement to statutory shared parental pay (birth) in respect of C.

• (c) paragraph (3)(b) shall not apply.

• (3) In regulation 10 (extent of entitlement)—

• (a) paragraph (1)(b)(ii) shall apply as if the words “M has notified M's intention to claim” to the end read—

M claimed in respect of C up to the time of M's death.

• (b) paragraph (8) shall apply as if the words “the last day of the latest period” were “the time of M's death”.

Death of child

6

• (1) In the case where M has given the notice and information in accordance with regulation 6(1) and then C dies, then in respect of any period after C dies paragraph (2)(f) of regulation 4 (entitlement of mother to statutory shared parental pay) shall not apply, and regulation 8 shall apply in accordance with sub-paragraph (3).

• (2) In the case where P has given the notices and information in accordance with regulation and then C dies, then in respect of any period after C dies paragraph (2)(d) of regulation 5 (entitlement of father or partner to statutory shared parental pay) shall not apply and regulation 8 shall apply in accordance with sub-paragraph (3).

• (3) Where sub-paragraph (1) or (2) applies, regulation 8 (variation) shall apply as if it read—

(1) M, or as the case may be, P may cancel the period or periods during which they intend to claim statutory shared parental pay (birth) by notice in writing which is given at least 8 weeks before the first period to be cancelled, or, if this is not reasonably practicable, as soon as reasonably practicable after the death of C, but in any event before that period to the employer who will be liable to pay statutory shared parental pay (birth) to M or P. (2) M and P may each only give one notice under paragraph (1).

• (4) Where more than one child is born of the same pregnancy—

• (a) sub-paragraphs (2) and (3) only apply where all the children die; and

• (b) a reference in this paragraph relating to the death of C (however expressed) is to the death of the last of those children to die.

PART 2 — STATUTORY SHARED PARENTAL PAY (ADOPTION)

Entitlement of adopter's partner to statutory shared parental pay (adoption) in the event of the death of adopter before curtailment

7

• (1) In a case where A dies before the end of A's adoption pay period in respect of C and without reducing that period under section 167ZN(2A) of the 1992 Act then these Regulations apply in respect of any period after A dies, subject to the modifications in the following provisions of this paragraph.

• (2) In regulation 2 a person is to be regarded as falling within the definition of AP if that person would have done so but for the fact that A had died.

• (3) In regulation 18 (entitlement of partner to statutory shared parental pay (adoption))—

• (a) paragraph (3)(d) shall not apply;

• (b) in the case where A dies before A's adoption pay period in respect of C starts, then the condition in paragraph (3)(c) shall be taken to be satisfied if it would have been satisfied but for the fact that A had died.

• (4) In regulation 20 (notification and evidential requirements relating to partner)—

• (a) paragraph (1)(a) shall apply as if it read—

(a) paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by AP pursuant to paragraph (2)(d) or, where it is not reasonably practicable for AP to satisfy this requirement, as soon as reasonably practicable after the death of A, but in any event before that week;

• (b) paragraph (1)(b) and (c) shall not apply;

• (c) in paragraph (2)—

• (i) sub-paragraph (a) shall apply as if the words “disregarding any intention of A to claim statutory shared parental pay (adoption) in respect of C” were omitted;

• (ii) sub-paragraph (c) shall not apply;

• (d) in paragraph (3)—

• (i) sub-paragraph (a) shall not apply;

• (ii) sub-paragraph (d) shall apply as if it read—

(d) the following information about AP and A— (i) AP's name, A's name and national insurance number (where this number is known to AP), A's address immediately before A died and the date of A's death; and (ii) the start date of A's adoption pay period in respect of C;

• (iii) sub-paragraph (e)(iii) shall not apply;

• (e) paragraph (4) shall not apply.

• (5) In regulation 21 (variation), in paragraph (3)—

• (a) sub-paragraph (a) shall apply as if the reference to A were omitted;

• (b) sub-paragraph (b) shall not apply.

• (6) In regulation 22 (extent of entitlement), paragraph (1)(a) shall apply as if the number of weeks referred to is the number of weeks in which statutory adoption pay was payable to A in respect of C up to the time of A's death.

Notification or variation: death of adopter or adopter's partner after curtailment

8

• (1) In the case where—

• (a) AP who in connection with a claim by A would be required to satisfy the conditions in regulation 17(3), dies after A has reduced A's adoption pay period in respect of C under section 167ZN(2A) of the 1992 Act; and

• (b) before AP dies A has not given the notice and information specified in regulation 19 (notification and evidential requirements relating to the adopter),

then these Regulations apply in respect of any period after AP dies, subject to the modifications in the following provisions of this paragraph.

• (2) In regulation 19 (notification and evidential requirements relating to the adopter)—

• (a) paragraph (1)(a) shall apply as if it read—

(a) paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by A pursuant to paragraph (2)(d) or, where it is not reasonably practicable for A to satisfy this requirement, as soon as reasonably practicable after the death of AP but in any event before that period;

• (b) paragraph (1)(b) and (c) shall not apply;

• (c) paragraph (2)(a) shall apply as if the words “disregarding any intention of AP to claim statutory shared parental pay (adoption) in respect of C” were omitted;

• (d) paragraph (2)(c) shall not apply;

• (e) paragraph (3)(a) shall not apply;

• (f) paragraph (3)(d) shall apply as if it read—

(d) A's name, AP's name and national insurance number (where this number is known to A), AP's address immediately before AP died and the date of AP's death; and

• (g) paragraph (4) shall not apply.

• (3) In regulation 21 (variation), in paragraph (3)—

• (a) sub-paragraph (a) shall apply as if it read—

(a) of the number of weeks during which A and AP have exercised, and the number of weeks A intends to exercise, an entitlement to statutory shared parental pay (adoption) in respect of C;

• (b) paragraph (b) shall not apply.

• (4) In regulation 22 (extent of entitlement to statutory shared parental pay (adoption))—

• (a) paragraph (1)(b)(i) shall apply as if the words “AP has notified AP's intention to claim” to the end read—

the number of weeks in which AP claimed statutory shared parental pay (adoption) in respect of C up to the time of AP's death;

• (b) paragraph (5) shall apply as if the words “the last day of the latest period so notified” were “the time of AP's death”.

9

• (1) In the case where—

• (a) AP, who in connection with A's claim is required to satisfy the conditions specified in regulation 17(3), dies after A has reduced A's adoption pay period under section 167ZN(2A) of the 1992 Act; and

• (b) before AP dies A has given the notices and information specified in regulation 19 (notification and evidential requirements relating to the adopter),

then these Regulations apply in respect of any period after AP dies, subject to the modifications in the following provisions of this paragraph.

• (2) In regulation 21 (variation)—

• (a) paragraph (1) shall apply in relation to the first notice made under that paragraph following AP's death as if at the end of that paragraph the full stop was omitted and there was added—

or, where it is not reasonably practicable for A to satisfy this requirement, by notice in writing given to that employer as soon as reasonably practicable after the death of AP, but in any event before that period and which states the date of AP's death.

• (b) paragraph (2)(a) shall apply as if it read—

(a) of the number of weeks during which A and AP have exercised, and the number of weeks A intends to exercise, an entitlement to statutory shared parental pay (adoption) in respect of C;

• (c) paragraph (2)(b) shall not apply.

• (3) In regulation 22 (extent of entitlement)—

• (a) paragraph (1)(b)(i) shall apply as if the words “AP has notified AP's intention to claim” to the end read “the number of weeks in which AP claimed statutory shared parental pay (adoption) in respect of C up to the time of AP's death;”;

• (b) paragraph (5) shall apply as if the words “the last day of the latest period so notified” were “the time of AP's death”.

10

• (1) In the case where—

• (a) A dies after A has reduced A's adoption pay period in respect of C under section 167ZN(2A) of the 1992 Act; and

• (b) before A dies AP has not given the notice and information specified in regulation 20 (notification and evidential requirements relating to adopter's partner),

then the Regulations apply in respect of any period after A dies subject to the modifications in the following provisions of this paragraph.

• (2) In regulation 2(1) (definitions) a person is to be regarded as falling within the definition of AP if that person would have done so but for the fact that A has died.

• (3) In regulation 20 (notification and evidential requirements relating to partner)—

• (a) paragraph (1)(a) shall apply as if it read—

(a) paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by AP pursuant to paragraph (2)(d) or if it is not reasonably practicable for AP to satisfy this requirement as soon as reasonably practicable after the death of A, but in any event before that period;

• (b) paragraph (1)(b) and (c) shall not apply;

• (c) paragraph (2)(a) shall apply as if the words “disregarding any intention of A to claim statutory shared parental pay (adoption) in respect of C” were omitted;

• (d) paragraph (2)(c) shall not apply;

• (e) paragraph (3)(a) shall not apply;

• (f) paragraph (3)(d) shall apply as if it read—

(d) AP's name, A's name and national insurance number (where this number is known to AP), A's address immediately before A died and the date of A's death;

• (g) paragraph (4) shall not apply.

• (4) In regulation 21 (variation), in paragraph (3)—

• (a) sub-paragraph (a) shall apply as if it read—

(a) of the number of weeks during which AP and A have exercised, and the number of weeks AP intends to exercise, an entitlement to statutory shared parental pay (adoption) in respect of C;

• (b) sub-paragraph (b) shall not apply.

• (5) In regulation 22 (extent of entitlement)—

• (a) paragraph (1)(b)(ii) shall apply as if the words “A has notified A's intention to claim” to the end read—

the number of weeks in which A claimed statutory shared parental pay (adoption) in respect of C up to the time of A's death;

• (b) paragraph (6) shall apply as if the words “the last day of the latest period so notified” were “the time of A's death”.

11

• (1) In the case where—

• (a) A dies after A has reduced A's adoption pay period in respect of C under section 167ZN(2A) of the 1992 Act; and

• (b) before A dies AP has given the notice and information specified in regulation 20 (notification and evidential requirements relating to the partner),

then these Regulations apply in respect of any period after A dies subject to the modifications in the following provisions of this paragraph.

• (2) In regulation 21 (variation)—

• (a) paragraph (1) shall apply in relation to the first notice made under that regulation following A's death as if at the end of that paragraph the full stop was omitted and there was added—

or, where is it not reasonably practicable for AP to satisfy this requirement, by notice in writing given to that employer as soon as reasonably practicable after the death of A, but in any event before that period and which states the date of A's death.

• (b) paragraph (3)(a) shall apply as if it read—

(a) of the number of weeks during which AP and A have exercised, and the number of weeks AP intends to exercise, an entitlement to statutory shared parental pay (adoption) in respect of C.

• (c) paragraph (3)(b) shall not apply.

• (3) In regulation 22 (extent of entitlement)—

• (a) paragraph (1)(b)(ii) shall apply as if the words “A has notified A's intention to claim” to the end read—

the number of weeks in which A claimed statutory shared parental pay (adoption) in respect of C up to the time of A's death.

• (b) paragraph (6) shall apply as if the words “the last day of the latest period so notified” were “the time of A's death”.

Death of child or disrupted placement

12

• (1) In the case where A has given the notices and information specified in regulation 19(1) and then C dies or is returned after being placed then in respect of any period after C dies or is returned after being placed paragraph (2)(f) of regulation 17 (entitlement of adopter to statutory shared parental pay) shall not apply and regulation 21 shall apply in accordance with sub-paragraph (3).

• (2) In the case where AP has given the notices and information specified in regulation 20(1) and then C dies or is returned after being placed then in respect of any period after C dies or is returned after being placed paragraph (2)(d) of regulation 18 (entitlement of adopter to statutory shared parental pay) shall not apply and regulation 21 shall apply in accordance with sub-paragraph (3).

• (3) Where sub-paragraph (1) or (2) applies, regulation 21 (variation) shall apply as if it read—

(1) A or, as the case may be, AP may cancel the period or periods during which they intend to claim statutory shared parental pay (adoption) by notice in writing which is given at least 8 weeks before the first period to be cancelled or, if this is not reasonably practicable, as soon as reasonably practicable after the death of C or after C is returned after being placed, but in any event before that period to the employer who will be liable to pay statutory shared parental pay (adoption) to A or AP. (2) A and AP may each only give one notice under paragraph (1).

• (4) Where more than one child is placed for adoption as a result of the same placement—

• (a) sub-paragraphs (1) and (2) only apply where all the children die or, as the case may be, all the children are returned after being placed;

• (b) a reference in this paragraph to the death of C or to the return of C after being placed (however expressed) is to the death of the last of those children to die or is to the last of those children to be returned after being placed.

• (5) In this paragraph “returned after being placed” means—

• (a) returned to the authority under Article 31(3) of the Adoption (Northern Ireland) Order 1987 ;

• (b) where the child is placed for adoption in the circumstances described in paragraph (b) of the definition of “placed for adoption” in regulation 2(1), returned to the authority following termination of the placement;

• (c) returned to the adoption agency under sections 31 to 35 of the Adoption and Children Act 2002 ;

• (d) in Scotland, returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007 ; or

• (e) where the child is placed in accordance with section 22C of the Children Act 1989 , returned to the adoption agency following termination of the placement.

Signed

Sealed with the Official Seal of the Department for Employment and Learning on 2nd March 2015.

Dr Stephen Farry — Minister for Employment and Learning

The Commissioners for Her Majesty's Revenue and Customs concur

Jim Harra — Edward Troup — Two of the Commissioners for Her Majesty's Revenue and Customs — 2015-03-10

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 7; section 167ZU to section 167ZZ7 were inserted by the Work and Families Act (Northern Ireland) 2015 (c. 1 (N.I.)), section 5.

[^f00002]: 1992 c. 8; section 5(4A)(a) was amended by 2015 c. 1 (N.I.), Schedule 1, paragraph 3(2).

[^f00003]: S.I. 1987/2203 (N.I. 22); Article 3(3) was amended by S.I. 1994/429 (N.I. 2).

[^f00004]: 2002 c. 38.

[^f00005]: 2007 asp 4.

[^f00006]: S.R. 1989 No. 253.

[^f00007]: “Approved foster parent”, “approved prospective adopter” and “authority” are defined in section 167ZY(4) of 1992 c. 7, as inserted by 2015 c. 1 (N.I.), section 5(2).

[^f00008]: 1989 c.41; section 22C was inserted by the Children and Young Persons Act 2008 (c. 23), section 8(1).

[^f00009]: 1998 c. 29.

[^f00010]: S.I. 1996/1919 (N.I. 16); Articles 107E and 107G were inserted by 2015 c. 1 (N.I.), section 2(2).

[^f00011]: Part 12ZC was inserted by 2015 c. 1 (N.I.), section 5.

[^f00012]: S.R. 1989 No. 253.

[^f00013]: S.I. 2005/389.

[^f00014]: S.I. 2005/1313.

[^f00015]: S.S.I. 2009/154.

[^f00016]: S.I. 1995/755 (N.I. 2).

[^f00017]: S.I. 2010/959, amended for relevant purposes by S.I. 2014/1556.

[^f00018]: S. I. 2005/389, amended for relevant purposes by S.I. 2014/1556.

[^f00019]: 1989 c. 41; paragraph 12F was inserted by 2008 c. 23, Schedule 1, paragraph 4.

[^f00020]: S.I. 2005/389: amended for relevant purposes by S.I. 2014/1556.

[^f00021]: Section 161(3A) was inserted by 2015 c. 1 (N.I.), section 6(4).

[^f00022]: S.I. 1996/1919 (N.I. 16).

[^f00023]: Section 35(3A) was inserted by 2015 c. 1 (N.I.), section 6(2).

[^f00024]: The word “employer” is construed in accordance with section 167ZZ7(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

[^f00025]: Section 35(3)(a)(i) was amended by the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), Schedule 1, paragraph 5.

[^f00026]: Section 161(4) was amended by S.I. 2006/1947 (N.I. 16), Schedule 1, paragraph 6(3).

[^f00027]: Section 167ZN(2A) was inserted by 2015 c. 1 (N.I.), section 6(6).

[^f00028]: Section 167ZN was inserted by the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)), section 6, and amended by S.I. 2006/1947 (N.I. 16), Schedule 1, paragraph 20(2) and (3).

[^f00029]: References to “employed earner’s employment” are construed in accordance with section 2(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7).

[^f00030]: Section 35A(6A) was inserted by the Social Security Act (Northern Ireland) 2002 (c. 10), Schedule 1, paragraph 2(c).

[^f00031]: Section 2 was amended by the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6(2), paragraph 171.

[^f00032]: S.R. 2000 No. 104, amended by S.R. 2002 No. 359 and S.I. 2007/1154.

[^f00033]: S.I. 2001/1004, to which there are amendments not relevant to these Regulations.

[^f00034]: Section 10A was inserted by the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), Article 50.

[^f00035]: Section 4B was inserted by the National Insurance Contributions Act 2006 (c. 10), section 2(1).

[^f00036]: S.I. 1996/1919 (N.I. 16); Article 217(1) was substituted by, Article 217(1A) and (1B) was inserted by and paragraph (4) was amended by S.R. 1999 No. 432.

[^f00037]: S.R. 1978 No. 401, amended for relevant purposes by S.R. 1980 No. 405, S.R. 1990 No. 339, S.R. 1994 No. 92, S.R. 1998 No. 250, S.I. 2003/733, S.I 2003/2421, 2004/770, S.I. 2005/3134, S.I. 2006/1531 and S.I. 2014/635.

[^f00038]: S.I. 1996/1919 (N.I. 16).

[^f00039]: Article 142 was amended by the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)), Article 13(1) to (3) and (5).

[^f00040]: S.I. 1996/1921 (N.I. 18).

[^f00041]: S.I. 1995/2705 (N.I. 15).

[^f00042]: 1985 c. 17.

[^f00043]: S.I. 1999/671; Article 7(1) was amended by 2006 (S.I. 2006/1947 (N.I. 16)), Schedule 1, paragraph 43(1) and (2) and by 2015 c. 1 (N.I.), Schedule 1, paragraph 5(1) and (2).

[^f00044]: S.I. 1989/2405 (N.I. 19).

[^f00045]: Section 35(3A) was inserted by section 6(2) of the Work and Families Act (Northern Ireland) 2015.

[^f00046]: Section 161(3A) was inserted by section 6(4) of the Work and Families Act (Northern Ireland) 2015.

[^f00047]: Section 167ZN(2A) was inserted by 2015 c. 1 (N.I.), section 6(6).

[^f00048]: S.I. 1987/2203; Article 31(3) was amended by the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), Schedule 9, paragraph 154(2).

[^f00049]: 2002 c. 38.

[^f00050]: 2007 asp 4.

[^f00051]: 1989 c.41; section 22C was inserted by section 8(1) of the Children and Young Persons Act 2008 (c.23).

Editorial notes

[^c22710381]: 1992 c. 7; section 167ZU to section 167ZZ7 were inserted by the Work and Families Act (Northern Ireland) 2015 (c. 1 (N.I.)), section 5.

[^c22710391]: 1992 c. 8; section 5(4A)(a) was amended by 2015 c. 1 (N.I.), Schedule 1, paragraph 3(2).

[^c22710401]: S.I. 1987/2203 (N.I. 22); Article 3(3) was amended by S.I. 1994/429 (N.I. 2).

[^c22710411]: 2002 c. 38.

[^c22710421]: 2007 asp 4.

[^c22710431]: S.R. 1989 No. 253.

[^c22710441]: “Approved foster parent”, “approved prospective adopter” and “authority” are defined in section 167ZY(4) of 1992 c. 7, as inserted by 2015 c. 1 (N.I.), section 5(2).

[^c22710451]: 1989 c.41; section 22C was inserted by the Children and Young Persons Act 2008 (c. 23), section 8(1).

[^c22710461]: 1998 c. 29.

[^c22710471]: S.I. 1996/1919 (N.I. 16); Articles 107E and 107G were inserted by 2015 c. 1 (N.I.), section 2(2).

[^c22710481]: Part 12ZC was inserted by 2015 c. 1 (N.I.), section 5.

[^c22710491]: S.R. 1989 No. 253.

[^c22710501]: S.I. 2005/389.

[^c22710511]: S.I. 2005/1313.

[^c22710521]: S.S.I. 2009/154.

[^c22710531]: S.I. 1995/755 (N.I. 2).

[^c22710541]: S.I. 2010/959, amended for relevant purposes by S.I. 2014/1556.

[^c22710551]: S. I. 2005/389, amended for relevant purposes by S.I. 2014/1556.

[^c22710561]: 1989 c. 41; paragraph 12F was inserted by 2008 c. 23, Schedule 1, paragraph 4.

[^c22710571]: S.I. 2005/389: amended for relevant purposes by S.I. 2014/1556.

[^c22710581]: Section 161(3A) was inserted by 2015 c. 1 (N.I.), section 6(4).

[^c22710591]: S.I. 1996/1919 (N.I. 16).

[^c22710601]: Section 35(3A) was inserted by 2015 c. 1 (N.I.), section 6(2).

[^c22710611]: The word “employer” is construed in accordance with section 167ZZ7(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

[^c22710621]: Section 35(3)(a)(i) was amended by the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)), Schedule 1, paragraph 5.

[^c22710631]: Section 161(4) was amended by S.I. 2006/1947 (N.I. 16), Schedule 1, paragraph 6(3).

[^c22710641]: Section 167ZN(2A) was inserted by 2015 c. 1 (N.I.), section 6(6).

[^c22710651]: Section 167ZN was inserted by the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)), section 6, and amended by S.I. 2006/1947 (N.I. 16), Schedule 1, paragraph 20(2) and (3).

[^c22710661]: References to “employed earner's employment” are construed in accordance with section 2(3) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7).

[^c22710671]: Section 35A(6A) was inserted by the Social Security Act (Northern Ireland) 2002 (c. 10), Schedule 1, paragraph 2(c).

[^c22710681]: Section 2 was amended by the Income Tax (Earnings and Pensions) Act 2003 (c. 1), Schedule 6(2), paragraph 171.

[^c22710691]: S.R. 2000 No. 104, amended by S.R. 2002 No. 359 and S.I. 2007/1154.

[^c22710701]: S.I. 2001/1004, to which there are amendments not relevant to these Regulations.

[^c22710711]: Section 10A was inserted by the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)), Article 50.

[^c22710721]: Section 4B was inserted by the National Insurance Contributions Act 2006 (c. 10), section 2(1).

[^c22710731]: S.I. 1996/1919 (N.I. 16); Article 217(1) was substituted by, Article 217(1A) and (1B) was inserted by and paragraph (4) was amended by S.R. 1999 No. 432.

[^c22710741]: S.R. 1978 No. 401, amended for relevant purposes by S.R. 1980 No. 405, S.R. 1990 No. 339, S.R. 1994 No. 92, S.R. 1998 No. 250, S.I. 2003/733, S.I 2003/2421, 2004/770, S.I. 2005/3134, S.I. 2006/1531 and S.I. 2014/635.

[^c22710751]: S.I. 1996/1919 (N.I. 16).

[^c22710761]: Article 142 was amended by the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)), Article 13(1) to (3) and (5).

[^c22710771]: S.I. 1996/1921 (N.I. 18).

[^c22710781]: S.I. 1995/2705 (N.I. 15).

[^c22710791]: 1985 c. 17.

[^c22710801]: S.I. 1999/671; Article 7(1) was amended by 2006 (S.I. 2006/1947 (N.I. 16)), Schedule 1, paragraph 43(1) and (2) and by 2015 c. 1 (N.I.), Schedule 1, paragraph 5(1) and (2).

[^c22710811]: S.I. 1989/2405 (N.I. 19).

[^c22710821]: Section 35(3A) was inserted by section 6(2) of the Work and Families Act (Northern Ireland) 2015.

[^c22710831]: Section 161(3A) was inserted by section 6(4) of the Work and Families Act (Northern Ireland) 2015.

[^c22710841]: Section 167ZN(2A) was inserted by 2015 c. 1 (N.I.), section 6(6).

[^c22710851]: S.I. 1987/2203; Article 31(3) was amended by the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), Schedule 9, paragraph 154(2).

[^c22710861]: 2002 c. 38.

[^c22710871]: 2007 asp 4.

[^c22710881]: 1989 c.41; section 22C was inserted by section 8(1) of the Children and Young Persons Act 2008 (c.23).

[^key-6bcf4050ad796fa0c16b3a2771755022]: Sch. para. 12 applied (with modifications) (15.3.2015) by The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/102), regs. 1, 16

[^key-267cb11c96744ee16ef294ce7c178e9a]: Reg. 2 applied (with modifications) (15.3.2015) by The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/102), regs. 1, 4

[^key-7b111dcee64be1c17f986b55396e6fd4]: Reg. 3 applied (with modifications) (15.3.2015) by The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/102), regs. 1, 5

[^key-beed59431b5d3c0d86c901c39e2ba530]: Reg. 17 applied (with modifications) (15.3.2015) by The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/102), regs. 1, 6

[^key-3ab7cb8360a0aec80d943112874c329f]: Reg. 18 applied (with modifications) (15.3.2015) by The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/102), regs. 1, 7

[^key-8af3212f5071305bd35511b4a52a770e]: Reg. 19 applied (with modifications) (15.3.2015) by The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/102), regs. 1, 8

[^key-f701925a826084fb0490e3e5d1debe7e]: Reg. 20 applied (with modifications) (15.3.2015) by The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/102), regs. 1, 9

[^key-f49705e2dea3927ccc5cb4efa65e3c19]: Reg. 23 applied (with modifications) (15.3.2015) by The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/102), regs. 1, 11

[^key-620b22c2c4be69455d92db2d50feec9c]: Reg. 24 applied (with modifications) (15.3.2015) by The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/102), regs. 1, 12

[^key-8352d9159323c8e0f974dce392651e17]: Reg. 29 applied (with modifications) (15.3.2015) by The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/102), regs. 1, 13

[^key-289067ab6a1b8b4f986328bc3ca3a01f]: Reg. 31 applied (with modifications) (15.3.2015) by The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/102), regs. 1, 14

[^key-7a079921c73245dbd9c5b9a9b4809a40]: Reg. 32 applied (with modifications) (15.3.2015) by The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/102), regs. 1, 15

[^key-5e4a54d850450f3d0ba21fbdaf6e5c96]: Reg. 21 applied (with modifications) (15.3.2015) by The Statutory Shared Parental Pay (Parental Order Cases) Regulations (Northern Ireland) 2015 (S.R. 2015/102), regs. 1, 10

[^key-2881926e1efbf9572969417a29dd2590]: Sch. para. 12 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2015 (S.R. 2015/99), regs. 1, 16

[^key-44229b2a93d9e55078d5f14c88c3b798]: Reg. 2 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2015 (S.R. 2015/99), regs. 1, 5

[^key-1f3b8b3b39b3a23c82a932c079b70151]: Reg. 3 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2015 (S.R. 2015/99), regs. 1, 6

[^key-a609198a1366816664bd3884b8064d16]: Reg. 17 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2015 (S.R. 2015/99), regs. 1, 7

[^key-3738d15ba5b319d8d3d89fee92cfc75f]: Reg. 18 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2015 (S.R. 2015/99), regs. 1, 8

[^key-481233fd80bded62364528502d874c47]: Reg. 19 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2015 (S.R. 2015/99), regs. 1, 9

[^key-95a44c13211b5c7f1ffb69d9cb661b95]: Reg. 20 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2015 (S.R. 2015/99), regs. 1, 10

[^key-ecda89e2bcbd7dccb15984c412c977fd]: Reg. 23 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2015 (S.R. 2015/99), regs. 1, 11

[^key-44c89486b2678b22adbbac163e7fa510]: Reg. 24 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2015 (S.R. 2015/99), regs. 1, 12

[^key-71242791f4121df31b9f24962b9f967b]: Reg. 29 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2015 (S.R. 2015/99), regs. 1, 13

[^key-716e82985161715e16d1906e4b9caa5e]: Reg. 31 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2015 (S.R. 2015/99), regs. 1, 14

[^key-8bcebd4d30cdcea581f17e6bc09fe4fc]: Reg. 32 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoptions from Overseas) Regulations (Northern Ireland) 2015 (S.R. 2015/99), regs. 1, 15

[^key-d30ecb44793ff3c87f8a5cd65bb96487]: Reg. 30(1A)(1B) inserted (3.4.2016) by The Statutory Paternity Pay, Statutory Adoption Pay and Statutory Shared Parental Pay (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/133), regs. 1(2), 3(2)

[^key-cbb86560ecd70fb9b6104b2ab02e7227]: Reg. 31(1A)(1B) inserted (3.4.2016) by The Statutory Paternity Pay, Statutory Adoption Pay and Statutory Shared Parental Pay (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/133), regs. 1(2), 3(3)

[^key-7f5ecb808277b7205127d593a1811bb9]: Reg. 32(6A)-(6C) inserted (25.4.2020) by The Statutory Paternity Pay, Statutory Adoption Pay and Statutory Shared Parental Pay (Normal Weekly Earnings etc.) (Coronavirus) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/70), regs. 1, 4 (with reg. 2)

[^key-b923eb096ca8ad29b9531c1d83825490]: Sum in reg. 40(1)(a) substituted (6.4.2025) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(d), 10(2)