Part 4PAYMENT OF STATUTORY NEONATAL CARE PAY

Liability of the Commissioners to pay statutory neonatal care pay

30.—(1) Despite section 171ZZ18(1) of the 1992 Act (liability to make payments of statutory neonatal care pay is liability of the employer), liability to make payment of statutory neonatal care pay to a person is a liability of the Commissioners and not the employer in the circumstances specified in this regulation.

(2) In the case referred to in regulation 29(1), the Commissioners are liable to make payments of statutory neonatal care pay to a person for—

(a)any week in respect of which the employer was liable to pay statutory neonatal care pay to that person but did not do so, and

(b)for any subsequent week that person is entitled to payments of statutory neonatal care pay.

(3) Where the person entitled to statutory neonatal care pay has been detained in legal custody or sentenced to a term of imprisonment, the Commissioners are liable to make payments of statutory neonatal care pay—

(a)in respect of a period which is subsequent to a period mentioned in regulation 12(1)(c) (cases where there is no liability to pay statutory neonatal care pay), and

(b)during a period of detention in legal custody where there is liability to make payments by virtue of regulation 12(2).

(4) Where the employer becomes insolvent, the Commissioners are liable to make payments of statutory neonatal care pay to a person from the week in which the employer first becomes insolvent until the last week that person is entitled to payment of statutory neonatal care pay.

(5) For the purposes of paragraph (4) an employer must be taken to be insolvent if, and only if, in England and Wales—

(a)the employer has been adjudged bankrupt or has made a composition or arrangement with its creditors,

(b)the employer has died and the employer’s estate falls to be administered in accordance with an order made under section 421 of the Insolvency Act 1986(1), or

(c)where an employer is a company or a limited liability partnership—

(i)a winding-up order is made or a resolution for a voluntary winding-up is passed (or, in the case of a limited liability partnership, a determination for voluntary winding-up has been made) with respect to it,

(ii)it enters administration,

(iii)a receiver or manager of its undertaking is duly appointed,

(iv)a possession is taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company or limited liability partnership comprised in or subject to the charge, or

(v)a voluntary arrangement proposed for the purposes of Part 1 of the Insolvency Act 1986 is approved under that Part.

(6) For the purposes of paragraph (4) an employer must be taken to be insolvent if and only if, in Scotland—

(a)an award of sequestration is made on the employer’s estate,

(b)the employer executes a trust deed for its creditors,

(c)the employer enters into a composition contract,

(d)the employer has died and a judicial factor appointed under section 11A of the Judicial Factors (Scotland) Act 1889(2) is required by that section to divide the employer’s insolvent estate among the employer’s creditors, or

(e)where the employer is a company or limited liability partnership—

(i)a winding-up order is made or a resolution for a voluntary winding-up is passed (or in the case of a limited liability partnership, a determination for a voluntary winding-up is made) with respect to it,

(ii)it enters administration,

(iii)a receiver of its undertaking is duly appointed, or

(iv)a voluntary arrangement proposed for the purposes of Part 1 of the Insolvency Act 1986 is approved under that Part.