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The Social Security (Paternity and Adoption) Amendment Regulations 2002

Type Statutory-Instrument
Publication 2002-10-29
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
articles Not indexed
Reform history JSON API PDF

Made: 29th October 2002

Laid before Parliament: 1st November 2002

Coming into force in accordance with regulation 1(1)

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 123(1)(a), (d) and (e), 124(1)(e), 136(3) and (5)(b), 137(1) and (2)(d) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 1992 and sections 1(2C), 12(1) and (4)(b), 35(1), 36(2) and (4) of, and paragraph 1 of Schedule 1 to, the Jobseekers Act 1995 and of all other powers enabling him in that behalf, after consultation in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concerned and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it, hereby makes the following Regulations:

Citation and interpretation

1

Amendment of the Income Support Regulations

2

“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996 ;

“paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996 ;

where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003

(14B) (1) A person who is entitled to, and is taking, paternity leave 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— (a) he is not entitled to statutory paternity pay by virtue of Part 12ZA of the Contributions and Benefits Act , or to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates; (b) he is entitled to working families’ tax credit, disabled person’s tax credit, housing benefit or council tax benefit on the day before that leave begins. (3) In this paragraph “remuneration” means payment of any kind.

Amendment of the Jobseeker’s Allowance Regulations

3

“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996 ;

“paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996 ;

where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003

Amendment of the Housing Benefit Regulations

4

“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996;

and

“paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996;

in this paragraph— (i) “qualifying support” means income support to which that person is entitled by virtue of paragraph 14B of Schedule 1B of the Income Support (General) Regulations 1987; and (ii) “tax credit” means

and

Amendment of the Council Tax Benefit Regulations

5

“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996;

and

“paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996;

in this paragraph— (i) “qualifying support” means income support to which that person is entitled by virtue of paragraph 14B of Schedule 1B of the Income Support (General) Regulations 1987; and (ii) “tax credit” means

and

Signed

Signed by authority of the Secretary of State for Work and Pensions.

P Hollis — Parliamentary Under-Secretary of State, — Department for Work and Pensions — 2002-10-29

Explanatory note

(This note is not part of the Regulations)

0for the purposes of child care charges, a parent on statutory adoption leave or statutory paternity leave is to be treated as being in remunerative work when receiving housing benefit or council tax benefit;

0statutory adoption pay and statutory paternity pay are to be treated as earnings for the purposes of council tax benefit and housing benefit.

Footnotes

[^f00001]: 1992 c. 4; section 123(1)(e) was substituted by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 1(1); section 137(1) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed”.

[^f00002]: 1995 c. 18; section 35(1) is an interpretation provision and is cited because of the meaning ascribed to the words “prescribed” and “regulations”.

[^f00003]: See section 176(1) of the Social Security Administration Act 1992 c. 5.

[^f00004]: See sections 170 and 173(1)(b) of the Social Security Administration Act 1992; paragraph 67 of Schedule 2 to the Jobseekers Act 1995 added that Act to the list of “relevant enactments” in respect of which regulations must normally be referred to the Committee.

[^f00005]: 2002 c. 22.

[^f00006]: S.I. 1992/1814.

[^f00007]: S.I. 1987/1971.

[^f00008]: S.I. 1987/1967.

[^f00009]: S.I. 1996/207.

[^f00010]: 1996 c. 18. Sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c. 22).

[^f00011]: Sections 80A and 80B were inserted by section 1 of the Employment Act 2002.

[^f00012]: Paragraph (3A) was inserted by S.I. 1993/2119.

[^f00013]: Sub-paragraph (2)(b) was amended by S.I 1993/2119.

[^f00014]: Schedule 1B was inserted by S.I. 1996/206.

[^f00015]: Paragraph 14A was inserted by S.I. 1999/3329.

[^f00016]: 1982 c. 4. Part 12ZA was inserted by section 2 of the Employment Act 2002.

[^f00017]: Part 12ZB was inserted by section 4 of the Employment Act 2002.

[^f00018]: Paragraph 4A was inserted by S.I. 1988/663.

[^f00019]: 1992 c. 7.

[^f00020]: 1996 c. 18. Sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c. 22).

[^f00021]: Sections 80A and 80B were inserted by section 1 of the Employment Act 2002 (c. 22).

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