Paragraph 6 Entitlement of adopter’s partner to shared parental leave in the event of death of adopter before curtailment

(1)

Where before AP has given a notice under regulation 25 A dies—

(a)

without curtailing A’s statutory adoption leave under section 75A(2A) or 75B(3) of the 1996 Act; or

(b)

before the end of the adoption pay period and without curtailing that period under section 171ZN(2A) of the 1992 Act,

sub-paragraph (2) applies in relation to the entitlement of AP to shared parental leave.

(2)

The provisions of the Regulations apply in respect of any period after A dies with the modifications specified in paragraphs (a) to (l)—

(a)

a person is to be regarded as falling within the definition of P in regulation 3(1) if that person fell within that definition immediately before A died;

(b)

regulation 21(2)(d) does not have effect;

(c)

in regulation 21(3)(a) for “A satisfies” substitute “immediately before A’s death A satisfied”;

(d)

in regulation 21(3)(c) for “A is entitled” substitute “immediately before A’s death, A was entitled”;

(e)

regulation 21(3)(d) does not have effect.

(f)

in regulation 22—

(i)

for paragraph (1) substitute—

“(1)
Where A was entitled to statutory adoption leave, subject to paragraph (9), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory adoption leave taken by A before A died.”;

(ii)

for paragraph (2) substitute—

“(2)
Where A was not entitled to statutory adoption leave, but was entitled to statutory adoption pay, subject to paragraph (10), the total amount of shared parental leave available in relation to C is 52 weeks less the number of weeks of statutory adoption pay payable to A before A died.”;

(g)

in regulation 25(2)(g) for “and A each intend” substitute “intends”;

(h)

in regulation 25(2) after sub-paragraph (h) insert—

“(i)
the date of A’s death.”;

(i)

regulation 25(3)(b) is omitted;

(j)

regulation 26 is omitted;

(k)

regulation 27(3)(d) is omitted;

(l)

where under regulation 25 or 28 a notice is required to be given not less than eight weeks before a start date and it is not reasonably practicable for P to satisfy that requirement, the notice may be given as soon as is reasonably practicable after the death of A and before the start date of the leave. The modification of regulation 28 applies only to the first notice given under regulation 28 following the death of A.