Section 63 — Welfare Reform Act 2012: Entitlement to work: maternity allowance and statutory payments

Entitlement to work: maternity allowance and statutory payments 63 1 The Social Security Contributions and Benefits Act 1992 is amended as follows.

2 In section 35 (state maternity allowance)—

a in subsection (1), at the end there is inserted “and e at the commencement of the week referred to in paragraph (a) above she was entitled to engage in the employment referred to in paragraph (b) above. ;

b in subsection (3), before paragraph (a) there is inserted—

za for circumstances in which subsection (1)(e) above does not apply; .

3 In section 164 (statutory maternity pay)—

a in subsection (2), after paragraph (a) there is inserted—

aa that at the end of the week immediately preceding that 14th week she was entitled to be in that employment; ;

b in subsection (9), after paragraph (d) there is inserted—

da provide for circumstances in which subsection (2)(aa) above does not apply; .

4 In section 171ZA (ordinary statutory paternity pay: birth)—

a in subsection (2), after paragraph (b) there is inserted—

ba that at the end of the relevant week he was entitled to be in that employment; ;

b after subsection (3) there is inserted— 3A Regulations may provide for circumstances in which subsection (2)(ba) above does not apply.

5 In section 171ZB (ordinary statutory paternity pay: adoption)—

a in subsection (2), after paragraph (b) there is inserted—

ba that at the end of the relevant week he was entitled to be in that employment; ;

b after subsection (3) there is inserted— 3A Regulations may provide for circumstances in which subsection (2)(ba) above does not apply. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 In section 171ZL (statutory adoption pay: entitlement)—

a in subsection (2), after paragraph (b) there is inserted—

ba that at the end of the relevant week he was entitled to be in that employment; ;

b in subsection (3), after “(2)(b)“ there is inserted “, (ba)”;

c in subsection (8), before paragraph (a) there is inserted—

za exclude the application of subsection (2)(ba) above in prescribed circumstances; .

9 After section 173 there is inserted— Entitlement to be in employment 173A 1 For the purposes of this Act a person is entitled to engage in or to be in any employment if (and only if)—

a the person does not under the Immigration Act 1971 require leave to enter or remain in the United Kingdom, or b the person has been granted such leave and—

i the leave is not invalid, ii the leave has not for any reason ceased to have effect, and iii the leave is not subject to a condition preventing the person from accepting that employment.

10 In Schedule 11 (statutory sick pay: circumstances in which periods of entitlement do not arise)—

a in paragraph 2, at the end there is inserted—

i the employee is not entitled to be in his employment on the relevant date. ;

b at the end there is inserted— 9 Paragraph 2(i) above does not apply in prescribed circumstances.