The Statutory Shared Parental Pay (General) Regulations 2014
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Change 1
5 Entitlement of father or partner to statutory shared parental pay (birth)
(1) P is entitled to statutory shared parental pay (birth) if P satisfies the conditions specified in paragraph (2) and M satisfies the conditions specified in paragraph (3). (2) The conditions specified in paragraph (1) are that— (a) P satisfies the conditions as to continuity of employment and normal weekly earnings specified in regulation 30; (b) P has at the date of C's birth the main responsibility for the care of C (apart from the responsibility of M); (c) P has complied with the requirements specified in regulation 7 (notification and evidential requirements of P); (d) it is P's intention to care for C during each week in respect of which statutory shared parental pay (birth) is paid to P; (e) P is absent from work during each week in respect of which statutory shared parental pay (birth) is paid to P (except in the cases referred to in regulation 15 (entitlement to statutory shared parental pay: absence from work)); and (f) where P is an employee (within the meaning of the Employment Rights Act 1996 P's absence from work as an employee during each week that statutory shared parental pay (birth) is paid to P is absence on shared parental leave in respect of C. (3) The conditions specified in paragraph (1) are— (a) M has at the date of C's birth the main responsibility for the care of C (apart from the responsibility of P); (b) M meets the conditions as to employment and earnings in regulation 29 (conditions as to employment and earnings of claimant's partner); (c) M became entitled by reference to the birth, or expected birth, of C to statutory maternity pay or maternity allowance; and (d) the maternity pay period or the maternity allowance period which applies to M as a result of her entitlement to statutory maternity pay or maternity allowance is, and continues to be, reduced under sections 35(3A) or 165(3A) of the 1992 Act .
5 Entitlement of father or partner to statutory shared parental pay (birth)
(1) P is entitled to statutory shared parental pay (birth) if P satisfies the conditions specified in paragraph (2) and M satisfies the conditions specified in paragraph (3). (2) The conditions specified in paragraph (1) are that— (a) P satisfies the conditions as to continuity of employment and normal weekly earnings specified in regulation 30; (b) P has at the date of C's birth the main responsibility for the care of C (apart from the responsibility of M); (c) P has complied with the requirements specified in regulation 7 (notification and evidential requirements of P); (d) it is P's intention to care for C during each week in respect of which statutory shared parental pay (birth) is paid to P; (e) P is absent from work during each week in respect of which statutory shared parental pay (birth) is paid to P (except in the cases referred to in regulation 15 (entitlement to statutory shared parental pay: absence from work)); and (f) where P is an employee (within the meaning of the Employment Rights Act 1996 P's absence from work as an employee during each week that statutory shared parental pay (birth) is paid to P is absence on shared parental leave in respect of C. (3) The conditions specified in paragraph (1) are— (a) M has at the date of C's birth the main responsibility for the care of C (apart from the responsibility of P); (b) M meets the conditions as to employment and earnings in regulation 29 (conditions as to employment and earnings of claimant's partner); (c) M became entitled by reference to the birth, or expected birth, of C to statutory maternity pay or maternity allowance; and (d) the maternity pay period or the maternity allowance period which applies to M as a result of her entitlement to statutory maternity pay or maternity allowance is, and continues to be, reduced under sections 35(3A) or 165(3A) of the 1992 Act .
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