# The Statutory Shared Parental Pay (General) Regulations 2014, Regulation 5: Entitlement of father or partner to statutory shared parental pay (birth)


(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).
(2) The conditions specified in paragraph (1) are that—
(a) P satisfies the conditions as to continuity of employment and normal weekly earnings specified in regulation 30;
(b) P has at the date of C’s birth the main responsibility for the care of C (apart from the responsibility of M);
(c) P has complied with the requirements specified in regulation 7 (notification and evidential requirements of P);
(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;
(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
(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.
(3) The conditions specified in paragraph (1) are—
(a) M has at the date of C’s birth the main responsibility for the care of C (apart from the responsibility of P);
(b) M meets the conditions as to employment and earnings in regulation 29 (conditions as to employment and earnings of claimant’s partner);
(c) M became entitled by reference to the birth, or expected birth, of C to statutory maternity pay or maternity allowance; and
(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.

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Source: https://www.legislation.gov.uk/ukdsi/2014/9780111118832/regulation/5 (the official version)
Page: https://openlegislation.uk/draft-statutory-shared-parental-pay-general-regulations-2014/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.