The Statutory Shared Parental Pay (Persons Abroad and Mariners) Regulations 2014
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Change 1
SCHEDULE 2 Adoptions from Overseas
Regulation 11 Interpretation 1 In this Schedule “the Application Regulations” means the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Adoptions from Overseas) Regulations 2003 . Application to adoptions from overseas 2 (1) The provisions of these Regulations, in so far as they apply to statutory shared parental pay (adoption) apply to adoptions from overseas with the modifications set out in paragraphs 3 to 6 and subject to sub-paragraphs (2) and (3). (2) Any references in these Regulations to the provisions of Part 12ZC of the Act must be construed as references to the provisions of Part 12ZC as modified by the Application Regulations. Modifications of the Regulations for the purposes of adoptions from overseas 3 The Regulations are modified as follows. 4 (1) Regulation 2 (interpretation) is modified as follows. (2) In paragraph 1— (a) for the definition of “adopter” substitute— “adopter”, in relation to C, means the person by whom C has been or is to be adopted; ; (b) for the definition of “statutory shared parental pay (adoption)” substitute— “statutory shared parental pay (adoption)” means statutory shared parental pay payable where entitlement to that pay arises under regulation 17 or 18 of the General Regulations as modified by the Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014 ; ; (c) insert the following definitions in the appropriate places alphabetically— “enter Great Britain” means enter Great Britain from outside the United Kingdom in connection with or for the purposes of adoption; ; “official notification” means written notification, issued by or on behalf of the relevant central authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or that it has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt, and has been assessed and approved as being a suitable adoptive parent; ; “relevant central authority” means— in the case of an adopter to whom Part 3 of the Adoptions with a Foreign Element Regulations 2005 apply and who is habitually resident in Wales, the Welsh Ministers; in the case of an adopter to whom the Adoptions with a Foreign Element (Scotland) Regulations 2009 apply and who is habitually resident in Scotland, the Scottish Ministers; and in any other case, the Secretary of State; . 5 In Regulation 3 (application), for paragraph (1)(b) substitute— (b) statutory shared parental pay (adoption) in respect of children who enter Great Britain on or after 5th April 2015. . 6 (1) In regulation 7 (entitlement to shared parental pay where person has worked in an EEA State), for paragraph (2) substitute— (2) A person who— (a) is an employee or treated as an employee under regulation 5; (b) in the week in which the adopter received the official notification was in employed earner's employment with an employer in Great Britain; and (c) had in any week within the period of 26 weeks immediately preceding that week been employed by the same employer in an EEA State, shall be treated for the purposes of section 171ZV of the Act (entitlement to shared parental pay: adoption) as modified by the Application Regulations as having been employed in employed earner's employment in those weeks in which the person was so employed in the EEA State. .
SCHEDULE 2 Adoptions from Overseas
Regulation 11 Interpretation 1 In this Schedule “the Application Regulations” means the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Adoptions from Overseas) Regulations 2003 . Application to adoptions from overseas 2 (1) The provisions of these Regulations, in so far as they apply to statutory shared parental pay (adoption) apply to adoptions from overseas with the modifications set out in paragraphs 3 to 6 and subject to sub-paragraphs (2) and (3). (2) Any references in these Regulations to the provisions of Part 12ZC of the Act must be construed as references to the provisions of Part 12ZC as modified by the Application Regulations. Modifications of the Regulations for the purposes of adoptions from overseas 3 The Regulations are modified as follows. 4 (1) Regulation 2 (interpretation) is modified as follows. (2) In paragraph 1— (a) for the definition of “adopter” substitute— “adopter”, in relation to C, means the person by whom C has been or is to be adopted; ; (b) for the definition of “statutory shared parental pay (adoption)” substitute— “statutory shared parental pay (adoption)” means statutory shared parental pay payable where entitlement to that pay arises under regulation 17 or 18 of the General Regulations as modified by the Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014 ; ; (c) insert the following definitions in the appropriate places alphabetically— “enter Great Britain” means enter Great Britain from outside the United Kingdom in connection with or for the purposes of adoption; ; “official notification” means written notification, issued by or on behalf of the relevant central authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or that it has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt, and has been assessed and approved as being a suitable adoptive parent; ; “relevant central authority” means— in the case of an adopter to whom Part 3 of the Adoptions with a Foreign Element Regulations 2005 apply and who is habitually resident in Wales, the Welsh Ministers; in the case of an adopter to whom the Adoptions with a Foreign Element (Scotland) Regulations 2009 apply and who is habitually resident in Scotland, the Scottish Ministers; and in any other case, the Secretary of State; . 5 In Regulation 3 (application), for paragraph (1)(b) substitute— (b) statutory shared parental pay (adoption) in respect of children who enter Great Britain on or after 5th April 2015. . 6 (1) In regulation 7 (entitlement to shared parental pay where person has worked in an EEA State), for paragraph (2) substitute— (2) A person who— (a) is an employee or treated as an employee under regulation 5; (b) in the week in which the adopter received the official notification was in employed earner's employment with an employer in Great Britain; and (c) had in any week within the period of 26 weeks immediately preceding that week been employed by the same employer in an EEA State, shall be treated for the purposes of section 171ZV of the Act (entitlement to shared parental pay: adoption) as modified by the Application Regulations as having been employed in employed earner's employment in those weeks in which the person was so employed in the EEA State. .
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