Regulation 12 Qualifying paid work: time off in connection with sickness or parenting
United Kingdom
This regulation applies for any period during which a person—
is paid statutory maternity pay under Part 12 of the Social Security Contributions and Benefits Act 1992 or Part 12 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to England, Wales and Scotland only, is absent from work during a period of neonatal care leave under section 80EF of the Employment Rights Act 1996; or
in relation to England, Wales and Scotland only, is paid statutory neonatal care pay under Part 12ZE of the Social Security Contributions and Benefits Act 1992.
Subject to F14paragraphs (3) and (4), that person is regarded for the purposes of the Act—
as in paid work during the period in paragraph (1); and
as having, for each week of that period, expected income from that work equal to the minimum weekly income.
Paragraph (2) does not apply unless, immediately before the start of the period in any sub-paragraph of paragraph (1), either—
the person was in qualifying paid work; or
this regulation applied to the person by virtue of a different sub-paragraph of paragraph (1).
For the purposes of the entitlement of a person, or of a person's partner, to receive top-up payments in respect of a child whose birth or adoption caused the period in paragraph (1)(b) to (m) F15, (p) or (q) to run, paragraph (2) applies F16during the applicable period as defined in regulation 9(2A).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This regulation applies to a self-employed person during any period for which paragraph (1) would have applied in that person's case but for the fact that the work performed in the week immediately before the period began, although done for payment or in expectation of payment, was not performed under a contract of service.
This regulation applies to a resident of F18a prescribed state who is in paid work in the United Kingdom, or such a person's partner, who under the law of that state—
Annotations
Textual amendments
- F1
Words in reg. 12(1)(f) omitted (7.12.2017) by virtue of The Childcare Payments (Eligibility) (Amendment) Regulations 2017 (S.I. 2017/1101), regs. 1, 6(a)
- F2
Word in reg. 12(1)(g) substituted (7.12.2017) by The Childcare Payments (Eligibility) (Amendment) Regulations 2017 (S.I. 2017/1101), regs. 1, 6(b)
- F3
Reg. 12(1)(h) omitted (7.12.2017) by virtue of The Childcare Payments (Eligibility) (Amendment) Regulations 2017 (S.I. 2017/1101), regs. 1, 6(c)
- F4
Words in reg. 12(1)(l) inserted (5.9.2016) by The Childcare Payments (Eligibility) (Amendment) Regulations 2016 (S.I. 2016/793), regs. 1, 4(b)
- F5
Word in reg. 12(1)(l) omitted (6.4.2020) by virtue of The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 36(2)
- F6
Reg. 12(n)(o) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 36(2)
- F7
Words in reg. 12(1)(n) omitted (N.I.) (29.9.2023) by virtue of The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/157), regs. 1(1), 23(2)(a)(i), 34
- F8
Words in reg. 12(1)(n) inserted (N.I.) (29.9.2023) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/157), regs. 1(1), 23(2)(a)(ii), 34
- F9
Word in reg. 12(1)(n) omitted (6.4.2025) by virtue of The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(a)
- F10
Words in reg. 12(1)(o) omitted (N.I.) (29.9.2023) by virtue of The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/157), regs. 1(1), 23(2)(b)(i), 34
- F11
Words in reg. 12(1)(o) inserted (N.I.) (29.9.2023) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) (No. 2) Regulations (Northern Ireland) 2023 (S.R. 2023/157), regs. 1(1), 23(2)(b)(ii), 34
- F12
Reg. 12(1)(o): semicolon substituted for full stop (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(b)
- F13
Reg. 12(1)(p)(q) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(c)
- F14
Words in reg. 12(2) substituted (15.9.2025) by The Childcare Payments (Eligibility) (Amendment and Transitional Provisions) Regulations 2025 (S.I. 2025/857), regs. 1(1), 2(3)(a)
- F15
Words in reg. 12(4) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(d)
- F16
Words in reg. 12(4) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Childcare Payments (Eligibility) (Amendment and Transitional Provisions) Regulations 2025 (S.I. 2025/857), regs. 1(1), 2(3)(b) (with reg. 3)
- F17
Reg. 12(5) omitted (15.9.2025) by virtue of The Childcare Payments (Eligibility) (Amendment and Transitional Provisions) Regulations 2025 (S.I. 2025/857), regs. 1(1), 2(3)(c)
- F18
Words in reg. 12(7) substituted (22.7.2021) by The Childcare Payments (Miscellaneous Amendment) Regulations 2021 (S.I. 2021/781), regs. 1, 2(7)(c)
- F19
Word in reg. 12(7)(a) substituted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(e)(i)
- F20
Words in reg. 12(7)(a) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(e)(ii)
- F21
Word in reg. 12(7)(a) inserted (6.4.2026) by The Childcare Payments (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/279), regs. 1, 2(3)(a)
- F22
Word in reg. 12(7)(b) omitted (15.9.2025) by virtue of The Childcare Payments (Eligibility) (Amendment and Transitional Provisions) Regulations 2025 (S.I. 2025/857), regs. 1(1), 2(3)(d)
- F23
Reg. 12(7)(b): comma substituted for word (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(f)(i)
- F24
Words in reg. 12(7)(b) substituted (6.4.2026) by The Childcare Payments (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/279), regs. 1, 2(3)(b)
- F25
Words in reg. 12(7)(b) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 25(2)(f)(ii)
Marginal citations
- M1
- M2
- M3
Section 35 was amended by section 2 of the Still Births (Definition) Act 1992 (c. 29), section 67 of the Social Security Act 1998 (c. 14), section 53 of the Welfare Reform and Pensions Act 1999 (c. 30), paragraph 4 of Schedule 7 to the Employment Act 2002 (c. 22), paragraph 6 of Schedule 1 to the Work and Families Act 2006 (c. 18), section 120 of the Children and Families Act 2014 (c. 6), S.I. 1994/1230 and S.I. 2014/606.
- M4
Section 35 was amended by S.I. 1992/1310 (N.I. 10), S.R. 1994 No. 176, S.I. 1998/1506 (N.I. 10), S.R. 1999 No. 494, S.I. 1999/3147 (N.I. 11), paragraph 2 of Schedule 1 to the Social Security Act (Northern Ireland) 2002 (c. 10), S.R. 2002 No. 358, S.I. 2006/1947 (N.I. 16) and S.R. 2014 No. 102.
- M5
1996 c. 18. Section 71 was substituted by Part 1 of Schedule 4 to the Employment Relations Act 1999 (c. 26).
- M6
S.I. 1996/1919 (N.I. 16). Article 103 was substituted by S.I. 1999/2790 (N.I. 9) and amended by S.I. 2002/2836 (N.I. 2) and S.I. 2006/1947 (N.I. 16).
- M7
Section 73 was amended by paragraph 32 of Schedule 1 to the Work and Families Act 2006 (c. 18).
- M8
Article 105 was substituted by S.I. 1999/2790 (N.I. 9) and amended by S.I. 2002/2836 (N.I. 2) and S.I. 2006/1947 (N.I. 16).
- M9
Part 12ZA was inserted by section 2 of the Employment Act 2002.
- M10
Part 12ZA was inserted by S.I. 2002/2836 (N.I. 2).
- M11
Sections 80A and 80B were inserted by section 1 of the Employment Act 2002.
- M12
Articles 112A and 112B were inserted by S.I. 2002/2836 (N.I. 2).
- M13
Part 12ZB was inserted by section 4 of the Employment Act 2002.
- M14
Part 12ZB was inserted by S.I. 2002/2836 (N.I. 2).
- M15
Section 75A was inserted by section 3 of the Employment Act 2002.
- M16
Article 107A was inserted by S.I. 2002/2836 (N.I. 2) and amended by S.I. 2006/1947 (N.I. 16).
- M17
Section 75B was inserted by section 3 of the Employment Act 2002 and amended by section 11 of, and paragraph 34 of Schedule 1 to, the Work and Families Act 2006.
- M18
Article 107B was inserted by S.I. 2002/2836 (N.I. 2) and amended by S.I. 2006/1947 (N.I. 16).
- M19
Sections 75E and 75G were inserted by section 117 of the Children and Families Act 2014 (c. 6).
- M20
Section 76 was substituted by section 7 of, and Part 1 of Schedule 4 to, the Employment Relations Act 1999.
- M21
Article 108 was substituted by S.I. 1999/2790 (N.I. 9).