Part 2ENTITLEMENT

Entitlement to statutory neonatal care pay in special circumstances

6.—(1) Paragraph 1 of the Schedule applies to an employee who is C’s parent or the partner of C’s mother where C dies before the end of the qualifying period.

(2) Paragraph 2 of the Schedule applies to an employee who is C’s adopter, prospective adopter or the partner of C’s adopter or prospective adopter where, before the end of the qualifying period,—

(a)C dies; or

(b)C is returned after having been placed for adoption.

(3) Paragraph 3 of the Schedule applies to an employee who is C’s overseas adopter or their partner where, before the end of the qualifying period,—

(a)C dies; or

(b)ceases to live with the overseas adopter.

(4) Paragraph 4 of the Schedule applies to an employee who is the intended parent of C where, before the end of the qualifying period, C dies, or the parental order does not proceed because—

(a)the intended parent does not apply for a parental order for C within the time limit in section 54(3) or section 54A(2) of the Human Fertilisation and Embryology Act 2008 for making such an application; or

(b)the application is refused, withdrawn or otherwise terminated without the order being granted and any time limit for an appeal or new application has expired.

(5) Paragraph 6 of the Schedule applies to an employee who is C’s parent or the partner of C’s mother where the parental order does not proceed because—

(a)the intended parent does not apply for a parental order for C within the time limit in section 54(3) or section 54A(2) of the Human Fertilisation and Embryology Act 2008(1) for making such an application; or

(b)the application is refused, withdrawn or otherwise terminated without the order being granted and any time limit for an appeal or new application has expired.