Section 171ZZ16 — Social Security Contributions and Benefits Act 1992: Entitlement

Entitlement 171ZZ16 1 A person who satisfies the conditions in subsection (2) and any condition prescribed under subsection (3) is entitled in accordance with the following provisions of this Part to payments to be known as “ statutory neonatal care pay ”.

2 The conditions are—

a that—

i the person satisfies prescribed conditions as to a parental or other personal relationship with a child who is receiving, or has received, neonatal care, and ii that care continues without interruption for a period of at least seven days beginning with the day after the day on which the care starts, b that the person has been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the relevant week, c that at the end of the relevant week the person was entitled to be in that employment (but see subsection (7) ),

and d that the person’s normal weekly earnings for the period of 8 weeks ending with the relevant week are not less than the lower earnings limit in force under section 5(1)(a) at the end of the relevant week.

3 Regulations may provide that a person is not entitled to pay in respect of a particular week or period of consecutive weeks unless, at the beginning of that week or period—

a the person is in employed earner’s employment with the employer by reference to whom the condition in subsection (2)(b) is satisfied, and b that employment has been continuous from the end of the relevant week.

4 For the purposes of this Part, “ neonatal care ” means care—

a of a prescribed medical or palliative kind, and b that starts before the end of a period of 28 days beginning with the day after the date of the child’s birth.

5 Regulations under subsection (4)(a) may prescribe a kind of care by reference to the kind of place at which care is provided.

6 In this section the “relevant week”—

a in any case where the person is entitled to statutory maternity pay under section 164 in respect of the child, is the week immediately preceding the 14th week before the expected week of confinement (within the meaning of Part 12);

b in any case where the person is entitled to statutory paternity pay under section 171ZA (birth) in respect of the child, is the same week as the relevant week for the purposes of section 171ZA(2) in that case;

c in any case where the person is entitled to statutory paternity pay under section 171ZB (adoption) in respect of the child, is the same week as the relevant week for the purposes of section 171ZB(2) in that case;

d in any case where the person is entitled to statutory adoption pay under section 171ZL in respect of the child, is the same week as the relevant week for the purposes of section 171ZL(2) in that case;

e in any other case, is the week immediately before the one in which the neonatal care starts.

7 In relation to neonatal care that starts before the day on which section 63(3) of the Welfare Reform Act 2012 comes fully into force, subsection (2) above is to be read as if paragraph (c) were omitted.