Part 2ENTITLEMENT

Notice and evidence requirements for statutory neonatal care pay

11.—(1) The notice provided for in section 171ZZ17(1) of the 1992 Act (notice to be given stating the week or weeks in respect of which payments are to be made) must be given to whoever will be liable to pay statutory neonatal care pay—

(a)where the notice relates to a statutory pay week that begins in the Tier 1 period, in accordance with paragraph (2);

(b)where the notice relates to a statutory pay week that begins in the Tier 2 period, in accordance with paragraph (3) or (4);

(c)in a case where it is not reasonably practicable for the person to give the notice in accordance with paragraphs (2) to (4), as soon as reasonably practicable.

(2) For statutory pay weeks beginning in the Tier 1 period, notice must be given before the end of the period of 28 days beginning with the first day of the first statutory pay week to which the notice relates.

(3) For a single statutory pay week beginning in the Tier 2 period, notice must be given no later than 15 days before the first day of the statutory pay week to which the notice relates.

(4) For two or more consecutive statutory pay weeks beginning in the Tier 2 period, notice must be given no later than 28 days before the first day of the first statutory pay week to which the notice relates.

(5) The following evidence of entitlement to statutory neonatal care pay must be provided in writing when notice is given under paragraph (1)—

(a)the name of the person claiming statutory neonatal care pay;

(b)the date of C’s birth;

(c)where evidence is provided by a person satisfying the conditions in regulation 5(3)—

(i)the date of C’s placement with C’s adopter or prospective adopter, or

(ii)the date of C’s entry into Great Britain to live with C’s overseas adopter;

(d)the date that C started to receive neonatal care or each such date if C has received neonatal care on two or more separate occasions;

(e)if C is no longer receiving neonatal care, the date the neonatal care ended;

(f)a declaration that the person has cared or intends to care for C during the statutory pay weeks to which the notice under paragraph (1) relates;

(g)if it is the first time notice is given under paragraph (1) in respect of C, a declaration that the person claiming the statutory neonatal care pay meets the conditions prescribed in regulation 5(2) or (3).

(6) Where a person has given notice under paragraph (1) before C has stopped receiving neonatal care, the person must inform the person liable to pay statutory neonatal care pay of the date that the neonatal care ends, as soon as is reasonably practicable after that date.

(7) Where a person has given notice under paragraph (1) relating to a statutory pay week that begins in the Tier 2 period (“the original notice”), the person may withdraw the original notice by giving notice of withdrawal in writing to the person who will be liable to pay statutory neonatal care pay in accordance with paragraph (8) or (9).

(8) Where the original notice was given in relation to a single statutory pay week beginning in the Tier 2 period, a notice of withdrawal must be given no later than 15 days before the first day of the week to which the original notice relates.

(9) Where the original notice was given in relation to two or more consecutive statutory pay weeks beginning in the Tier 2 period, a notice of withdrawal must be given no later than 28 days before the first day of the first statutory pay week to which the original notice relates.

(10) Notwithstanding the provisions in paragraphs (1) to (9) of this regulation, section 171ZZ17(1) of the 1992 Act does not have effect where paragraph (11) applies.

(11) The employee and employer can mutually agree to waive the requirement to give notice and the employee will be treated as having given notice in accordance with this regulation.