{
  "url": "https://openlegislation.uk/draft-statutory-shared-parental-pay-general-regulations-2014/regulation-5",
  "json_url": "https://openlegislation.uk/draft-statutory-shared-parental-pay-general-regulations-2014/regulation-5.json",
  "legislation": "ukdsi/2014/9780111118832",
  "legislation_title": "The Statutory Shared Parental Pay (General) Regulations 2014",
  "legislation_url": "https://openlegislation.uk/draft-statutory-shared-parental-pay-general-regulations-2014",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Entitlement of father or partner to statutory shared parental pay (birth)",
  "text": "(1) P is entitled to statutory shared parental pay (birth) if P satisfies the conditions specified in paragraph (2) and M satisfies the conditions specified in paragraph (3).\n(2) The conditions specified in paragraph (1) are that—\n(a) P satisfies the conditions as to continuity of employment and normal weekly earnings specified in regulation 30;\n(b) P has at the date of C’s birth the main responsibility for the care of C (apart from the responsibility of M);\n(c) P has complied with the requirements specified in regulation 7 (notification and evidential requirements of P);\n(d) 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;\n(e) 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\n(f) where P is an employee (within the meaning of the Employment Rights Act 1996 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.\n(3) The conditions specified in paragraph (1) are—\n(a) M has at the date of C’s birth the main responsibility for the care of C (apart from the responsibility of P);\n(b) M meets the conditions as to employment and earnings in regulation 29 (conditions as to employment and earnings of claimant’s partner);\n(c) M became entitled by reference to the birth, or expected birth, of C to statutory maternity pay or maternity allowance; and\n(d) 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1996 c.18."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 35(3A) was inserted by section 120(2) of the Children and Families Act 2014."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2014/9780111118832/regulation/5",
    "retrieved_at": "2026-10-30T15:12:23.242413+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}