The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Parental Order Cases) Regulations 2014
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Change 1
SCHEDULE 2 Application of Part 12ZB of the Act to parental order cases
Regulation 4 Provision | Modification Section 171ZL | For paragraph (a) of subsection (2) substitute— (a) that he is— (i) a person on whose application the court has made a an order under section 54 or 54A of the Human Fertilisation and Embryology Act 2008 in respect of a child, or (ii) an intended parent of a child; At the beginning of paragraph (e) of subsection (2) insert— in the case of a person on whose application the court has made an order under section 54 of the Human Fertilisation and Embryology Act 2008 or who is an intended parent of a child by reference to an application or intended application for such an order, . For subsection (3) substitute— (3) The references in this section to the relevant week are to the week immediately preceding the 14th week before the expected week of the child’s birth. . After subsection (3) insert— (3A) In a case where a child is born earlier than the 14th week before the expected week of the child’s birth— (a) subsection (2)(b) shall be treated as satisfied in relation to a person if, had the birth occurred after the end of the relevant week, the person would have been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the relevant week; and (b) subsection (2)(d) shall be treated as satisfied in relation to a person if the person’s normal weekly earnings for the period of 8 weeks ending with the week immediately preceding the week in which the child is born are not less than the lower earnings limit in force under section 5(1)(a) immediately before the commencement of the week in which the child is born. (3B) In a case where a child is born before the end of the relevant week, subsection (2)(ba) shall be treated as satisfied in relation to a person if, had the birth occurred after the end of the relevant week, the person would have been entitled to be in the relevant employment at the end of the relevant week. In this subsection “the relevant employment” means the employment by reference to which the person satisfies the condition in subsection (2)(b). . For paragraph (b) of subsection (4), substitute— (b) the other person on whose application the court has made a an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the child or who is an intended parent of the child— (i) is a person to whom the conditions in subsection (2) above apply, and (ii) has elected to receive statutory adoption pay. . Omit subsection (4A). Omit subsection (4B). In subsection (5), for “placement, or expected placement, for adoption of more than one child as part of the same arrangement” substitute “birth, or expected birth, of more than one child as a result of the same pregnancy”. After subsection (8) insert— (8A) In this section “intended parent”, in relation to a child, means a person who, on the day of the child’s birth— (a) applies, or intends to apply during the period of 6 months beginning with that day— (i) with another person for an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the child; or (ii) as the sole applicant for an order under section 54A of that Act in respect of the child; and (b) expects the court to make such an order in respect of the child. . Omit subsection (9). Omit subsection (10). Section 171ZN | In subsection (2F) , for “in which the person is notified that the person has been matched with a child for the purposes of adoption” substitute “immediately preceding the 14th week before the expected week of the child’s birth”. Omit subsection (9).
SCHEDULE 2 Application of Part 12ZB of the Act to parental order cases
Regulation 4 Provision | Modification Section 171ZL | For paragraph (a) of subsection (2) substitute— (a) that he is— (i) a person on whose application the court has made a an order under section 54 or 54A of the Human Fertilisation and Embryology Act 2008 in respect of a child, or (ii) an intended parent of a child; At the beginning of paragraph (e) of subsection (2) insert— in the case of a person on whose application the court has made an order under section 54 of the Human Fertilisation and Embryology Act 2008 or who is an intended parent of a child by reference to an application or intended application for such an order, . For subsection (3) substitute— (3) The references in this section to the relevant week are to the week immediately preceding the 14th week before the expected week of the child’s birth. . After subsection (3) insert— (3A) In a case where a child is born earlier than the 14th week before the expected week of the child’s birth— (a) subsection (2)(b) shall be treated as satisfied in relation to a person if, had the birth occurred after the end of the relevant week, the person would have been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the relevant week; and (b) subsection (2)(d) shall be treated as satisfied in relation to a person if the person’s normal weekly earnings for the period of 8 weeks ending with the week immediately preceding the week in which the child is born are not less than the lower earnings limit in force under section 5(1)(a) immediately before the commencement of the week in which the child is born. (3B) In a case where a child is born before the end of the relevant week, subsection (2)(ba) shall be treated as satisfied in relation to a person if, had the birth occurred after the end of the relevant week, the person would have been entitled to be in the relevant employment at the end of the relevant week. In this subsection “the relevant employment” means the employment by reference to which the person satisfies the condition in subsection (2)(b). . For paragraph (b) of subsection (4), substitute— (b) the other person on whose application the court has made a an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the child or who is an intended parent of the child— (i) is a person to whom the conditions in subsection (2) above apply, and (ii) has elected to receive statutory adoption pay. . Omit subsection (4A). Omit subsection (4B). In subsection (5), for “placement, or expected placement, for adoption of more than one child as part of the same arrangement” substitute “birth, or expected birth, of more than one child as a result of the same pregnancy”. After subsection (8) insert— (8A) In this section “intended parent”, in relation to a child, means a person who, on the day of the child’s birth— (a) applies, or intends to apply during the period of 6 months beginning with that day— (i) with another person for an order under section 54 of the Human Fertilisation and Embryology Act 2008 in respect of the child; or (ii) as the sole applicant for an order under section 54A of that Act in respect of the child; and (b) expects the court to make such an order in respect of the child. . Omit subsection (9). Omit subsection (10). Section 171ZN | In subsection (2F) , for “in which the person is notified that the person has been matched with a child for the purposes of adoption” substitute “immediately preceding the 14th week before the expected week of the child’s birth”. Omit subsection (9).
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