Section 171ZZ6 — Social Security Contributions and Benefits Act 1992: Entitlement

Entitlement 171ZZ6 1 A person who satisfies the conditions in subsection (2) is entitled in accordance with the following provisions of this Part to payments to be known as “ statutory parental bereavement pay ”.

2 The conditions are—

a that the person is a bereaved parent, 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)),

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, and e that the person has been in employed earner's employment with the employer by reference to whom the condition in paragraph (b) is satisfied for a continuous period beginning with the end of the relevant week and ending with the day on which the child dies.

3 For the purposes of subsection (2) an employee is a “bereaved parent” if the employee satisfies prescribed conditions as to relationship with a child who has died.

4 The conditions prescribed under subsection (3) may be framed, in whole or in part, by reference to the employee's care of the child before the child's death.

5 In subsection (2) “ relevant week ” means the week immediately before the one in which the child dies.

6 Where a person satisfies the conditions in subsection (2) as a result of the death of more than one child, the person is entitled to statutory parental bereavement pay in respect of each child.

7 In relation to a bereaved parent whose child dies 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.