The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014

This Order may be cited as the Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014.

The provisions of this Order specified in article 37 come into force on 31st December 2014.

The remaining provisions of this Order come into force on 5th April 2015.

in the title, after “adoption pay period,” insert “shared parental pay period,”;

paragraph (2)(b) at the end insert “; or”;

after paragraph (2)(b) insert—

“(c)

the shared parental pay period in respect of which statutory shared parental pay is paid to a person.”;

in paragraph (5)—

at the end of sub-paragraph (j) for “.” substitute “;”;

at the end insert—

“(k)

any sum payable by way of statutory shared parental pay, including any sums payable in accordance with regulations made under section 171ZX(3) of the Contributions and Benefits Act.”.

The Statutory Maternity Pay (General) Regulations 1986^f1 are amended as follows.

In regulation 11 (continuous employment), in paragraph (1)(e), after “adoption leave” insert “, shared parental leave”.

In regulation 20 (meaning of “earnings”), in paragraph (4)—

The Income Support (General) Regulations 1987^f1 are amended as follows.

In regulation 2 (interpretation), in paragraph (1)—

In regulation 5 (persons treated as engaged in remunerative work), in paragraph 3A for “or adoption leave” substitute “, adoption leave or shared parental leave”.

In regulation 35 (earnings of employed earners), in paragraph (2)(b) for “or adoption leave” substitute “, adoption leave or shared parental leave”.

In Schedule 1B (prescribed categories or person) in paragraph 14B omit “ordinary” in both places where that word appears.

In Schedule 9 (sums to be disregarded in the calculation of income)—

for “or” substitute “,”;

at the end insert “ or any statutory shared parental pay under Part 12ZC of that Act”;

The Jobseeker’s Allowance Regulations 1996^f1 are amended as follows—

In regulation 1 (interpretation), in paragraph (3), in the definition of “paternity leave”—

In regulation 15 (circumstances in which a person is not to be regarded as available), in paragraph (1)(bc) after “paternity leave” insert “, shared parental leave”.

In regulation 52 (persons treated as engaged in remunerative work), in paragraph (1), after “adoption leave” insert “, shared parental leave”.

In regulation 98 (earnings of employed earners), in paragraph (2)(c), after “adoption leave” insert “, shared parental leave”.

In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)—

at the end of sub-paragraph (g) for “.” substitute “;”;

at the end insert—

“(h)

any sum payable by way of statutory shared parental pay, including any sums payable in accordance with regulations made under section 171ZX(3) of the Contributions and Benefits Act;”.

for “or” substitute “,”;

at the end insert “or any statutory shared parental pay under Part 12ZC of that Act”.

The State Pension Credit Regulations 2002^f1 are amended as follows.

In regulation 1 (interpretation), in paragraph (2)—

In regulation 15 (income for the purposes of the Act) in paragraph (1)—

In regulation 17A (earnings of an employed earner), in paragraph (2)—

In Schedule 2 (housing costs), in paragraph 2 (remunerative work), in sub-paragraph (7) after “paternity leave” insert “, shared parental leave”.

Regulation 5 (time off in connection with childbirth and adoption) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002^f1 is amended as follows.

In paragraph (1)—

In paragraph (3A) omit “Parts 2 or 3 of the Additional Statutory Paternity Pay (General) Regulations 2010 or”.

After paragraph (3A) insert—

“(3B)

A person shall only be treated as being engaged in qualifying remunerative work by virtue of paragraph (1)(i) for such period as that person would have been paid statutory shared parental pay had the conditions of entitlement in Parts 2 or 3 of the Statutory Shared Parental Pay (General) Regulations 2014 been satisfied.”.

The Tax Credits (Definition and Calculation of Income) Regulations 2002^f1 are amended as follows.

In regulation 4 (employment income)—

In regulation 7 (social security income)—

The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002^f1 are amended as follows.

In regulation 1 (interpretation)—

In regulation 2 (restriction on scope) omit “ordinary and additional”.

In regulation 5 (entitlement where a person has worked in an EEA state)—

The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas Regulations 2003^f1 are amended as follows.

In regulation 2 (application of Part 12ZA of the Act to adoptions from overseas) omit “as it concerns both ordinary statutory paternity pay and additional statutory paternity pay”.

In Schedule 1 (application of Part 12ZA of the Act to adoptions from overseas) —

The Armed Forces Pension Scheme Order 2005^f1 is amended as follows.

In Part A (interpretation etc.) of Schedule 1 (Armed Forces Pension Scheme 2005)—

In paragraph (2)(d) of rule A.3 (meaning of “assumed pay”), omit the words “ordinary paternity leave or on paid additional”.

After paragraph (2)(d) of rule A.3, insert—

“(dd)

is on paid shared parental leave;”.

In paragraph (2) of rule C.4 (absence from work)—

The Reserve Forces Pension Scheme Regulations 2005^f1 are amended as follows.

In rule A.1(4) (interpretation: general)—

In rule A.3 (meaning of “assumed pay”), in paragraph (2)(d) omit the words “ordinary paternity leave or on paid additional”.

The Housing Benefit Regulations 2006^f1 are amended as follows.

In regulation 2 (interpretation), in the definition of “paternity leave”—

In regulation 6 (remunerative work), in paragraph (7), after “paternity leave” insert “, shared parental leave”.

In regulation 28 (treatment of child care charges)—

In regulation 35 (earnings of employed earners), in paragraph (1)—

In regulation 36 (calculation of net earnings of employed earners), in paragraph (3)(d)—

In regulation 75E (exception to the benefit cap: current or recent work), in paragraph (4) for “or adoption leave” substitute “, adoption leave or shared parental leave”.

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) 2006^f1 is amended as follows.

In regulation 2 (interpretation)—

In regulation 6 (remunerative work), in paragraph (7) for “or adoption leave” substitute “, adoption leave or shared parental leave”.

In regulation 29 (meaning of “income”), in paragraph (1)(j)—

In regulation 31 (treatment of child care charges)—

In regulation 35 (earnings of employed earners), in paragraph (1)—

In regulation 36 (calculation of net earnings of employed earners), in paragraph (2)(d)—

The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008^f1 is amended as follows.

In regulation 15 (contributions during child related absence)—

In regulation 35 (employer’s contributions), in paragraph (6), in sub-paragraph (b), after “paternity” insert “, shared parental”.

The Employment and Support Allowance Regulations 2008^f1 are amended as follows.

In regulation 1 (citation, commencement and application), paragraph 1(c) is omitted.

In regulation 2 (interpretation), in paragraph (1), in the definition of “paternity leave”—

In regulation 43 (circumstances when partners of claimants entitled to an income-related allowance are not regarded as engaged in remunerative work), in paragraph (3), after “paternity leave” insert “, shared parental leave”.

Regulation 82 (effect of additional statutory paternity pay on a contributory allowance) is omitted.

After regulation 82 insert—

“Effect of statutory shared parental pay on a contributory allowance

82A.

(1)

This regulation applies where—

(a)

a claimant is entitled to statutory shared parental pay and, on the day immediately preceding the first day in the shared parental pay period—

(i)

is in a period of limited capability for work; and

(ii)

satisfies the conditions for a contributory allowance in accordance with section 1(2)(a) of the Act; and

(b)

on any day during the statutory shared parental pay period—

(i)

that claimant is in a period of limited capability for work; and

(ii)

that day is not a day where that claimant is treated as not having limited capability for work.

(2)

Where this regulation applies, notwithstanding section 20(6) of the Act, a claimant who is entitled to statutory shared parental pay is to be entitled to a contributory allowance in respect of any day that falls within the shared parental pay period.

(3)

Where by virtue of paragraph (2) a person is entitled to a contributory allowance for any week (including part of a week), the total amount of such benefit payable to that claimant for that week is to be reduced by an amount equivalent to any statutory shared parental pay to which that claimant is entitled in accordance with Part 12ZC of the Contributions and Benefits Act for the same week (or equivalent part of a week where entitlement to a contributory allowance is for part of a week) and only the balance, if any, of the contributory allowance is to be payable to that claimant.

(4)

In this regulation “statutory shared parental pay period” means the weeks in respect of which statutory shared parental pay is payable to a person under section 171ZY(2) of the Social Security Contributions and Benefits Act 1992.”.

In regulation 95 (earnings of employed earners), in paragraph (2(b), after “paternity leave” insert “, shared parental leave”.

In Schedule 6 (housing costs), in paragraph 2(5) after “paternity leave” insert “, shared parental leave”.

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings)—

The Armed Forces (Redundancy, Resettlement and Gratuity Earnings Schemes) (No. 2) Order 2010^f1 is amended as follows.

In article 2 (interpretation)—

In article 6 (redundancy reckonable service)—

In article 21 (maternity, adoption and paternity leave)—

The Teachers’ Pensions Regulations 2010^f1 are amended as follows.

In regulation 7 (employment not pensionable: general), in paragraph (2)—

In regulation 15 (contributable salary), in paragraph (2) —

In regulation 22 (entitlement to repayment of balance of contributions), in paragraph (3)—

In regulation 40 (average salary : supplemental), in paragraph (9)(a)—

In regulation 43 (calculation of reckonable service where pensionable employment is part time), in paragraph (4)(b)—

In regulation 95 (adult pensions: short term rate), in paragraph (2)(a)—

In regulation 98 (child pensions: short term rate), in paragraph (3)(a)—

In regulation 131 (employers: records etc.), in paragraph (1)(g)—

In Schedule 1 (glossary of expressions)—

The Council Tax Reduction (Scotland) Regulations 2012^f1 are amended as follows.

In regulation 2 (interpretation), in paragraph (1)—

In regulation 6 (remunerative work), in paragraph (7) after “paternity leave” insert “, shared parental leave”.

In regulation 28 (treatment of child care charges)—

In regulation 34 (earnings of employed earners) –

In regulation 35 (calculation of net earnings of employed earners), in paragraph (3)(d)—

The Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012^f1 are amended as follows.

In regulation 2 (interpretation), in paragraph (1)—

In regulation 6 (remunerative work), in paragraph (7), after “paternity leave” insert “, shared parental leave”.

In regulation 27 (meaning of “income”), in paragraph (1)(j)—

In regulation 29 (treatment of child care charges)—

In regulation 32 (earnings of employed earners), in paragraph (1) —

In regulation 33 (calculation of net earnings of employed earners), in paragraph (2)(d) —

“80AA,” and “80BB,” are omitted;

after sub-paragraph (iv) the following paragraph is added—

“(v)

the right to shared parental leave conferred by section 75E or 75G of the ERA 1996;”.

The Armed Forces (Enhanced Learning Credit Scheme and Further and Higher Education Commitment Scheme) Order 2012^f1 is amended as follows.

In regulation 2 (interpretation)—

The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012^f1 is amended as follows.

In regulation 2 (interpretation), in paragraph (1)—

In regulation 10 (remunerative work), in paragraph (7), after “paternity leave” insert “, shared parental leave”.

In Schedule 1 (pensioners), in Part 6 (income and capital)—

The Universal Credit Regulations 2013^f1 are amended as follows.

In regulation 2 (interpretation)—

In regulation 32 (the work condition), in paragraph (2)(b)—

In regulation 55 (employed earnings), in paragraph (4)—

The Jobseeker’s Allowance Regulations 2013^f1 are amended as follows.

In regulation 2 (general interpretation) in paragraph (2), at the appropriate place there is inserted—

• ““shared parental leave” means a period of absence from work on leave by virtue of section 75E or 75G of the Employment Rights Act 1996;”.

In regulation 43 (persons treated as engaged in remunerative work), in paragraph (1) after “paternity leave,” insert “shared parental leave,”.

In regulation 58 (earnings of employed earners), in paragraph (2)(c), after “paternity leave” insert “, shared parental leave”.

The Employment and Support Allowance Regulations 2013^f1 are amended as follows.

Omit regulation 75 (effect of additional statutory paternity pay on employment and support allowance).

After regulation 75 insert—

“Effect of statutory shared parental pay on an employment and support allowance

75A.

(1)

This regulation applies where—

(a)

a claimant is entitled to statutory shared parental pay and, on the day immediately preceding the first day in the shared parental pay period the claimant—

(i)

is in a period of limited capability for work; and

(ii)

satisfies the conditions of entitlement to an employment and support allowance in accordance with section 1(2)(a) of the Act; and

(b)

on any day during the statutory shared parental pay period—

(i)

that claimant is in a period of limited capability for work; and

(ii)

that day is not a day where that claimant is treated as not having limited capability for work.

(2)

Where this regulation applies, notwithstanding section 20(6) of the Act, a claimant who is entitled to statutory shared parental pay is to be entitled to an employment and support allowance in respect of any day that falls within the shared parental pay period.

(3)

Where by virtue of paragraph (2) a person is entitled to an employment and support allowance for any week (including part of a week), the total amount of such benefit payable to that claimant for that week is to be reduced by an amount equivalent to any statutory shared parental pay to which that claimant is entitled in accordance with Part 12ZC of the Contributions and Benefits Act for the same week (or equivalent part of a week where entitlement to an employment and support allowance is for part of a week), and only the balance, if any, of the employment and support allowance is to be payable to that claimant.

(4)

In this regulation “statutory shared parental pay period” means the weeks in respect of which statutory shared parental pay is payable to a person under section 171ZY(2) of the Social Security Contributions and Benefits Act 1992.”.

In regulation 80 (earnings of employed earners)—

The Local Government Pension Scheme Regulations 2013^f1 are amended as follows.

In regulation 15 (employer contributions during absences), in paragraph (4), in subparagraph (b)—

In regulation 16 (additional pension contributions), in paragraph (17)(a)—

In Schedule 1 (interpretation)—

The Teachers’ Pension Schemes Regulations 2014^f1 are amended as follows.

In regulation 3 (interpretation)—

In regulation 23 (service not pensionable unless member is entitled to pay), in paragraph (1)(b)—

In regulation 33 (interpretation), in paragraph (b) of the definition of “notional pensionable earnings”—

In regulation 34 (pensionable earnings for school teachers), in paragraph (2)(c)—

In regulation 39 (pensionable earnings for the purpose of accruing benefits), in paragraph (a)—

In regulation 143 (annual rate of surviving adult pension: short term), in paragraph (2)(a)—

In regulation 150 (annual rate of child pension: short term), in paragraph (2)(a)—

In regulation 184 (pensionable earnings for a pay period), in paragraph (4) after “adoption leave” insert “, shared parental leave”.

In regulation 189 (entitlement to repayment of balance of contributions), in paragraph (3)—

In regulation 219 (employment records), in paragraph (2))(f)—

The Armed Forces Pensions Regulations 2014^f1 are amended as follows.

In regulation 3 (interpretation)—

For paragraph (2)(b) of regulation 24 (meaning of “assumed pay”) substitute—

“(b)

is on ordinary adoption leave, ordinary maternity leave, paternity leave or paid shared parental leave;”.

The Firefighters’ Pension Scheme (England) Regulations 2014^f1 are amended as follows.

In regulation 3 (interpretation)—

In regulation 18 (meaning of “assumed pensionable pay”), in paragraph (2)—

In regulation 113 (contributions during child-related leave), in paragraph (3)—

The amendments made by this Order in those articles which come into force on 5th April 2015 in accordance with 1(3) (amendments relating to references to ordinary and additional paternity leave and to ordinary and additional statutory paternity pay) do not have effect in relation to—

on or after 5th April 2015.

In this article—

• “additional paternity leave” means leave under section 80AA or 80BB of the Employment Rights Act 1996^f1;

• “additional statutory paternity pay” means pay under section 171ZEA or 171ZEB of the Social Security Contributions and Benefits Act 1992^f2;

• “ordinary paternity leave” means leave under section 80A or 80B of the Employment Rights Act 1996^f3;

• “ordinary statutory paternity pay” means pay under section 171ZA or 171ZB of the Social Security Contributions and Benefits Act 1992^f4.

paragraph 4A of Schedule 9 to the Income Support (General) Regulations 1987 as amended by article 5(6)(b)(i) of this Order,

paragraph 5 of Schedule 7 to the Jobseekers Allowance Regulations 1996 as amended by article 7(6)(b)(i),

regulation 35(1)(i) and 36(3)(d) of the Housing Benefit Regulations 2006 as amended by article 17(5)(a)(i) and (6)(a),

regulation 29(1)(j)(xvi) and 36(2)(d) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as amended by article 18(4)(a) and (7)(a),

paragraph 16(1)(j)(xvi) of Schedule 1 to Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 as amended by article 27(4)(a)(i),

this article;

article 1;

article 2;

article 3;

article 4;

article 5(1), (2)(b), (3), (4) and (6)(a) and (b)(ii);

article 6;

article 7(1), (2)(c), (3), (4), (5) and (6)(a)(ii) and (iii) and (b)(ii);

article 8;

article 9;

article 10(1), (2)(b), (3)(b), (4)(c) and (5);

article 11(1), (2)(e) and (4);

article 12(1), (2)(a)(iii) and (3)(b);

article 15(1), (2)(a)(iii), (4) and (5);

article 17(1), (2)(c), (3), (4)(a), (b), (c)(iii), (d)(ii) and (e)(ii), (5)(a)(ii) and (b), (6)(b) and (7);

article 18(1), (2)(b), (3), (4)(c), (5)(a), (b), (c)(iii), (d)(ii) and (e)(ii), (6)(c) and (7)(b);

article 19(1), (2)(a), (b), (c), (d), (e), (f)(i), (iii), (iv) and (v) and (3);

article 20(1), (3)(c), (4), (6), (7), (8) and (9);

article 21(1), (2)(c), (3)(a) and (4)(a)(i) and (b)(i);

article 22(1), (2)(a)(i) and (b)(ii), (3)(a)(ii) and (b)(ii), (4)(b), (5)(a), (6)(b), (7)(b), (8)(b), (9)(b) and (10)(c) and (d);

article 23(1), (2)(d), (3), (4)(a)(i) and (iv) and (b)(i) and (iii), (5)(b) and (c) and (6)(b);

article 24(1), (2)(d)(i) and (iii), (3), (4)(b), (5)(a)(i) and (iv) and (b)(i) and (iv), (6)(b) and (7)(c);

article 25(b);

article 26(1) and (2)(c) and (d)(ii);

article 27(1), (2)(b), (3), (4)(a)(iii), (b)(iii), (c), (d)(i) and (iv) and (e);

article 28(1), (2)(c), (3)(c) and (4)(c) and (d);

article 29;

article 30(1), (3) and (4)(a);

article 31(1), (2)(b), (3)(b) and (4)(b)(ii), (c) and (d);

article 32(1), (2)(b)(i), (c)(ii) and (d), (3)(a), (4)(a), (5)(b), (6)(a), (7)(b), (8)(b), (9), (10)(b) and (11)(b);

article 33(1), (2)(c) and (3);

article 34(1), (2)(b)(ii) and (iii), (c)(iii) and (d), (3)(a)(i) and (b)(i) and 4(b);

article 35;

article 36.