Explanatory note

These Regulations allow eligible women to curtail their maternity allowance period in accordance with section 35(3A) of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) in order to enable their partner (which includes their spouse or child’s father) to take statutory shared parental pay in accordance with section 171ZU of the 1992 Act. The Regulations also allow eligible women to curtail their maternity allowance period in accordance with section 35(3A) of the 1992 Act in order to allow their partner to take shared parental leave in accordance with section 75E of the Employment Rights Act 1996.

Regulation 3 applies to a woman curtailing her maternity allowance period so that her partner can take statutory shared parental pay.

Regulation 4 applies to a woman who is not eligible for statutory maternity leave to curtail her maternity allowance period so that her partner can take shared parental leave. In these circumstances, an eligible partner will be entitled to 52 weeks of shared parental leave less the amount of maternity allowance the child’s mother has taken at the point of curtailing the maternity allowance period.

Regulation 5 prescribes the requirements with which a maternity allowance period curtailment notification must comply.

Regulation 6 allows a woman to revoke a maternity allowance period curtailment notification in specified circumstances and subject to certain conditions being satisfied.

An impact assessment has not been prepared for these Regulations. These Regulations are part of a package of legislative measures and the relevant impact assessment is the Modern Workplaces: shared parental leave and pay administration consultation impact assessment which was published in February 2013. A copy of that impact assessment can be obtained from the Department for Business, Innovation and Skills, Labour Market Directorate, 1 Victoria Street, London, SW1H 0ET. Copies have also been placed in the libraries of both Houses of Parliament.