Regulation 5 Entitlement of father or partner to statutory shared parental pay (birth)

P satisfies the conditions as to continuity of employment and normal weekly earnings specified in regulation 30;

P has at the date of C’s birth the main responsibility for the care of C (apart from the responsibility of M);

P has complied with the requirements specified in regulation 7 (notification and evidential requirements of P);

it is P’s intention to care for C during each week in respect of which statutory shared parental pay (birth) is paid to P;

P is absent from work during each week in respect of which statutory shared parental pay (birth) is paid to P (except in the cases referred to in regulation 15 (entitlement to statutory shared parental pay: absence from work)); and

where P is an employee (within the meaning of the Employment Rights Act 1996^f1 P’s absence from work as an employee during each week that statutory shared parental pay (birth) is paid to P is absence on shared parental leave in respect of C.

M has at the date of C’s birth the main responsibility for the care of C (apart from the responsibility of P);

M meets the conditions as to employment and earnings in regulation 29 (conditions as to employment and earnings of claimant’s partner);

M became entitled by reference to the birth, or expected birth, of C to statutory maternity pay or maternity allowance; and

the maternity pay period or the maternity allowance period which applies to M as a result of her entitlement to statutory maternity pay or maternity allowance is, and continues to be, reduced under sections 35(3A) or 165(3A) of the 1992 Act^f2.