The Statutory Parental Bereavement Pay (General) Regulations 2020

Publication Date:January 01, 2020
 
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2020No. 233

TERMS AND CONDITIONS OF EMPLOYMENT

The Statutory Parental Bereavement Pay (General) Regulations 2020

Made9thMarch2020

Coming into force in accordance with regulation 1

CONTENTS

PART 1

GENERAL

1. Citation and commencement 2

2. Application 3

3. Interpretation 3

PART 2

ENTITLEMENT

4. Conditions of entitlement to statutory parental bereavement pay 4

5. Number of weeks of pay 6

6. Options in respect of payment of statutory parental bereavement pay 6

7. Qualifying period 6

8. Notice and evidence requirements for statutory parental bereavement pay 6

9. Cases where there is no liability to pay statutory parental bereavement pay 7

10. Work during period of payment of statutory parental bereavement pay 7

PART 3

CONDITIONS OF ENTITLEMENT RELATING TO EMPLOYMENT AND EARNINGS

11. Treatment of persons as employees 7

12. Continuous employment 8

13. Continuous employment and unfair dismissal 9

14. Continuous employment and stoppages of work 9

15. Modification for periods of employment between 25 and 26 weeks 10

16. Change of employer 10

17. Reinstatement after service with the armed forces 10

18. Treatment of two or more employers or two or more contracts of service as one 10

19. Normal weekly earnings 11

PART 4

PAYMENT OF STATUTORY PARENTAL BEREAVEMENT PAY

20. Weekly rate of payment 12

21. Statutory parental bereavement pay and contractual remuneration 13

22. Avoidance of liability for statutory parental bereavement pay 13

23. Payment of statutory parental bereavement pay 13

24. Time when statutory parental bereavement pay is to be paid 13

25. Liability of the Commissioners to pay statutory parental bereavement pay 14

26. Liability of the Commissioners to pay statutory parental bereavement pay in cases of legal custody or imprisonment 15

27. Payments by the Commissioners 16

28. Persons unable to act 16

29. Service of notices 16

The Secretary of State, in exercise of the powers conferred by sections 171ZZ6(3) and (4), 171ZZ7(2) and (4)(a), (c) to (h), 171ZZ8(2) and (3), 171ZZ9(1) to (5), (8) and (9), 171ZZ11(3), 171ZZ14(3) to (5), (7) and (8), and 175(3) and (4) of the Social Security Contributions and Benefits Act 1992( 1), and section 5(1)(g), (i), (l) and (p) of the Social Security Administration Act 1992( 2) and with the concurrence of the Commissioners for Her Majesty's Revenue and Customs in so far as such concurrence is required, makes the following Regulations.

A draft of these Regulations was laid before Parliament in accordance with section 176(1) of the Social Security Contributions and Benefits Act 1992( 3) and approved by resolution of each House of Parliament.

This instrument contains only regulations made by virtue of, or consequential upon, the Schedule to the Parental Bereavement (Leave and Pay) Act 2018( 4) and is made before the end of the period of 6 months beginning with the coming into force of that enactment( 5).

PART 1

GENERAL

Citation and commencement

1. These Regulations may be cited as the Statutory Parental Bereavement Pay (General) Regulations 2020 and come into force on the day after the day on which they are made.

Application

2. These Regulations apply in respect of children who die on or after 6th April 2020.

Interpretation

3.—(1) In these Regulations—

“the 1992 Act” means the Social Security Contributions and Benefits Act 1992;

“adopter” means a person who intends to adopt C;

“C” means the child in relation to whom an entitlement to statutory parental bereavement pay arises;

“the Commissioners” means the Commissioners for Her Majesty's Revenue and Customs;

“intended parent” means a person who—

(a) has applied, or intended to apply during the period of 6 months beginning with the day of C's birth—

(i) with another person for an order under section 54 (parental orders: two applicants) of the Human Fertilisation and Embryology Act 2008( 6) in respect of C, or

(ii) as the sole applicant for an order under section 54A (parental orders: one applicant) of that Act( 7) in respect of C, and

(b) expected the court to make such an order on that application in respect of C;

“official notification” means written notification, issued by or on behalf of the relevant domestic authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of C, or 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;

“placed for adoption” means placed—

(a) for adoption under the Adoption and Children Act 2002( 8) or the Adoption and Children (Scotland) Act 2007( 9),

(b) in accordance with section 22C of the Children Act 1989( 10) (ways in which looked after children are to be accommodated and maintained) with a local authority foster parent who is also a prospective adopter, following consideration in accordance with subsection (9B)(c) of that section( 11), or

(c) in accordance with section 81 of the Social Services and Well-being (Wales) Act 2014( 12) with a prospective adopter, following consideration in accordance with subsection (10) of that section;

“prospective adopter” means a person who has been approved as suitable to adopt a child and has been notified of that decision in accordance with regulation 30B(4) of the Adoption Agencies Regulations 2005( 13) or regulation 28(3) of the Adoption Agencies (Wales) Regulations 2005( 14);

“relevant domestic authority” means—

(a) in the case of an adopter to whom Part 3 of the Adoptions with a Foreign Element Regulations 2005( 15) apply and who is habitually resident in Wales, the National Assembly for Wales,

(b) in the case of an adopter to whom the Adoptions with a Foreign Element (Scotland) Regulations 2009( 16) apply and who is habitually resident in Scotland, the Scottish Ministers, and

(c) in any other case, the Secretary of State;

“statutory parental bereavement pay” means statutory parental bereavement pay payable in accordance with Part 12ZD of the 1992 Act;

“week”, except in Part 3, means a period of seven days( 17);

“week of C's death” means the week, beginning with a Sunday, in which C dies.

(2) In these Regulations—

(a) references to a child include a child stillborn after twenty-four weeks of pregnancy, and

(b) references to the death of a child are to be read, in relation to a stillborn child, as references to the birth of the child.

PART 2

ENTITLEMENT

Conditions of entitlement to statutory parental bereavement pay

4.—(1) The conditions prescribed under section 171ZZ6(3) of the 1992 Act (conditions as to relationship with a child who has died) are that, at the date of C's death, the person is—

(a) C's parent;

(b) C's natural parent and named in an order made pursuant to section 51A(2)(a) of the Adoption and Children Act 2002( 18) or section 11(3)(aa) of the Children (Scotland) Act 1995( 19), provided that such an order has not subsequently been revoked or discharged;

(c) a person with whom C has been placed for adoption, for so long as that placement has not been disrupted as mentioned in paragraph (2);

(d) an adopter—

(i) with whom C was living, following C's entry into Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of C for adoption under the law of any part of the United Kingdom, and

(ii) who has received official notification in respect of C;

(e) an intended parent of C;

(f) C's parent in fact; or

(g) the partner of P.

(2) For the purposes of paragraph (1)(c), a placement has been disrupted—

(a) when C has been returned under sections 31 to 35 of the Adoption and Children Act 2002( 20),

(b) in Scotland, when C has been returned to the adoption agency, adoption society or nominated person in accordance with section 25(6) of the Adoption and Children (Scotland) Act 2007, or

(c) when C's placement—

(i) with a local authority foster parent who is also a prospective adopter in accordance with section 22C of the Children Act 1989 following consideration in accordance with subsection (9B)(c) of that section, or

(ii) with a prospective adopter in accordance with section 81 of the Social Services and Well-being (Wales) Act 2014,

has been terminated.

(3) Subject to paragraph (5), a person is C's parent in fact if that person, for a continuous period of at least four weeks ending with the day on which C dies—

(a) lived with C in the person's own home, and

(b) had day to day responsibility for C's care.

(4) For the purposes of the continuous period mentioned in paragraph (3), no account is to be taken of any absences of a temporary or intermittent nature.

(5) A person is not to be regarded as C's parent in fact if—

(a) C is in the care of that person in premises in which any parent of C's, or any person who is not a parent of C's but who has responsibility for C, is living, or

(b) that person was or is entitled to receive remuneration, whether by way of wages or otherwise, in respect of the care of C.

(6) A person has responsibility for C, for the purposes of paragraph (5)(a), if the person—

(a) has parental responsibility, within the meaning of section 3 of the Children Act 1989, or

(b) in Scotland, has parental responsibilities or parental rights, within the meaning of sections 1 and 2 of the Children (Scotland) Act 1995( 21).

(7) For the purposes of paragraph (5)(b), the following payments are not to be regarded as remuneration—

(a) any fee or allowance paid by a local authority to a foster parent;

(b) payments wholly or mainly intended to reimburse the person for expenses which arise from, or are expected to arise from, the person's care of C;

(c) amounts received pursuant to the terms of a will, trust or similar instrument which makes provision in respect of C's care.

(8) In this regulation—

(a) “P” means any person who satisfies one of the conditions in paragraphs (1)(a) to (f);

(b) “partner” means a person (whether of a different sex or the same sex) who lives...

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