Paragraph 8 Notification or variation: death of adopter or adopter’s partner after curtailment

(1)

In the case where—

(a)

AP who in connection with a claim by A would be required to satisfy the conditions in regulation 17(3), dies after A has reduced A’s adoption pay period in respect of C under section 171ZN(2A) of the 1992 Act, and

(b)

before AP dies A has not given the notice and information specified in regulation 19 (notification and evidential requirements relating to the adopter),

then these Regulations apply in respect of any period after AP dies, subject to the modifications in the following provisions of this paragraph.

(2)

In regulation 19 (notification and evidential requirements relating to the adopter)—

(a)

paragraph (1)(a) shall apply as if it read—

“(a)
paragraphs (2) and (3) at least 8 weeks before the beginning of the first period specified by A pursuant to paragraph (2)(d) or, where it is not reasonably practicable for A to satisfy this requirement, as soon as reasonably practicable after the death of AP but in any event before that period;”;

(b)

paragraph (1)(b) and (c) shall not apply;

(c)

paragraph (2)(a) shall apply as if the words “disregarding any intention of AP to claim statutory shared parental pay (adoption) in respect of C” were omitted;

(d)

paragraph (2)(c) shall not apply;

(e)

paragraph (3)(a) shall not apply;

(f)

paragraph (3)(d) shall apply as if it read—

“(d)
A’s name, AP’s name and national insurance number (where this number is known to A), AP’s address immediately before AP died and the date of AP’s death”;

(g)

paragraph (4) shall not apply.

(3)

In regulation 21 (variation), in paragraph (3) sub-paragraph (a) shall apply as if it read—

“(a)
of the number of weeks during which A and AP have exercised, and the number of weeks A intends to exercise, an entitlement to statutory shared parental pay (adoption) in respect of C;”;

(a)

paragraph (b) shall not apply.

(4)

In regulation 22 (extent of entitlement to statutory shared parental pay (adoption))—

(a)

paragraph (1)(b)(i) shall apply as if the words “AP has notified AP’s intention to claim” to the end read—

“the number of weeks in which AP claimed statutory shared parental pay (adoption) in respect of C up to the time of AP’s death;”;

(b)

paragraph (5) shall apply as if the words “the last day of the latest period so notified” were “the time of AP’s death”.