The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025
Madeat 10.30 a.m. on 24th February 2025
Laid before Parliamentat 4.00 p.m. on 24th February 2025
Coming into force6th April 2025
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(1) of the Neonatal Care (Leave and Pay) Act 20231.
In respect of provisions relating to housing benefit, in accordance with section 176(1) of the Social Security and Administration Act 19922 the Secretary of State has consulted with organisations appearing to the Secretary of State to be representative of the authorities concerned.
1These Regulations may be cited as the Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025.2These Regulations come into force on 6th April 2025.3An amendment made by these Regulations has the same extent as the provision amended.4Otherwise, these Regulations extend to England and Wales and Scotland.
2 Amendment to the Social Security (Credits) Regulations 1975¶
1The Social Security (Credits) Regulations 19753 are amended as follows.2In regulation 9C (credits for adoption pay period, shared parental pay period, parental bereavement pay period, additional paternity pay period and maternity pay period)—ain the heading, after “parental bereavement pay period,” insert “neonatal care pay period,”;bin paragraph (2)—iat the end of sub-paragraph (d), insert “; or”;iiafter sub-paragraph (d), insert—
;
cin paragraph (5)—iat the end of sub-paragraph (b), omit “or”;iiafter sub-paragraph (c), insert—
.
3 Amendment to the Statutory Sick Pay (General) Regulations 1982¶
1The Statutory Sick Pay (General) Regulations 19824 are amended as follows.2In regulation 17 (meaning of “earnings”), in paragraph (3)—aat the end of sub-paragraph (l), for “.” substitute “;”;bafter sub-paragraph (l), insert—
.
4 Amendment to the Statutory Maternity Pay (General) Regulations 1986¶
1The Statutory Maternity Pay (General) Regulations 19865 are amended as follows.2In regulation 20 (meaning of “earnings”), in paragraph (4)—aat the end of sub-paragraph (i), for “.” substitute “;”;bafter sub-paragraph (i), insert—
.
5 Amendment to the Income Support (General) Regulations 1987¶
1The Income Support (General) Regulations 19876 are amended as follows.2In regulation 2 (interpretation), in paragraph (1), at the appropriate place insert—
.
3In regulation 5 (persons treated as engaged in remunerative work), in paragraph (3A), after “shared parental leave” insert “, neonatal care leave”.4In regulation 35 (earnings of employed earners), in paragraph (2)(b), after “shared parental leave” insert “, neonatal care leave”.5In Schedule 1B (prescribed categories of person) after paragraph 14C insert—
.
6In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), in paragraph 4—aafter “or under Part 12ZD” insert “or 12ZE”;bafter “shared parental leave” insert “, neonatal care leave”.
6 Amendment to the Jobseeker’s Allowance Regulations 1996¶
1The Jobseeker’s Allowance Regulations 19967 are amended as follows.2In regulation 1 (citation, commencement, interpretation and application), in paragraph (3), at the appropriate place insert—
.
3In regulation 15 (circumstances in which a person is not to be regarded as available), in paragraph (1)(bc)—aafter “paternity leave,” insert “neonatal care leave,”;bfor “or 80EA” substitute “80EA or 80EF”.4In regulation 52 (persons treated as engaged in remunerative work), in paragraph (1), after “parental bereavement leave” insert “, neonatal care leave”.5In regulation 98 (earnings of employed earners), in paragraph (2)(c), after “parental bereavement leave” insert “, neonatal care leave”.6In Schedule 7 (sums to be disregarded in the calculation of income other than earnings), in paragraph 4—aafter “statutory parental bereavement pay by virtue of Part 12ZD of the Benefits Act,” insert “statutory neonatal care pay by virtue of Part 12ZE of the Benefits Act,”;bafter “, shared parental leave” insert “, neonatal care leave”.
7 Amendment to the Social Security Benefit (Computation of Earnings) Regulations 1996¶
1The Social Security Benefit (Computation of Earnings) Regulations 19968 are amended as follows.2In regulation 9 (earnings of employed earners)—ain paragraph (1)(j)—iat the end of paragraph (iii), omit “or”;iiafter paragraph (iii) insert—
;
bin paragraph (4), at the appropriate place insert—
.
8 Amendment to the Housing Renewal Grants Regulations 1996¶
1The Housing Renewal Grants Regulations 19969 are amended as follows.2In regulation 2 (interpretation), in paragraph (1)—aat the appropriate place insert—
;
bin the definition of “parental leave” after “paternity leave” insert “, neonatal care leave”.3In regulation 19 (treatment of child care charges), after paragraph (9B)(a)(iii) insert—
.
4In regulation 25 (determination of net earnings of employed earners) in paragraph (3)(d) after “statutory paternity pay” insert “, statutory neonatal care pay”.
9 Amendment to the Social Security (Maternity Allowance) (Earnings) Regulations 2000¶
1The Social Security (Maternity Allowance) (Earnings) Regulations 200010 are amended as follows.2In regulation 2 (specified payments for employed earners), at the end of paragraph (1)(i) insert—
.
10 Amendment to the Social Security (Loss of Benefit) Regulations 2001¶
1The Social Security (Loss of Benefit) Regulations 200111 are amended as follows.2In regulation 19A (benefits to be treated as neither sanctionable nor disqualifying) after paragraph (b) insert—
.
11 Amendment to the State Pension Credit Regulations 2002¶
1The State Pension Credit Regulations 200212 are amended as follows.2In regulation 15 (income for the purposes of the Act), in paragraph (1), after sub-paragraph (qc), insert—
.
3In regulation 17A (earnings of an employed earner), in paragraph (2), after sub-paragraph (ic), insert—
.
4In Schedule II (housing costs), in paragraph 2 (remunerative work), in sub-paragraph (7), after “parental bereavement leave” insert “, neonatal care leave,”.
12 Amendment to the Housing Benefit Regulations 2006¶
1The Housing Benefit Regulations 200613 are amended as follows.2In regulation 2(1) (interpretation)—ain the definition of “employed earner”—iafter “statutory sick pay” for “or” substitute “,”;iiafter “statutory maternity pay” insert “or statutory neonatal care pay”;bat the appropriate place, insert—
.
3In regulation 6 (remunerative work), in paragraph (7), after “parental bereavement leave” insert “, neonatal care leave”.4In regulation 28 (treatment of child care charges), in paragraph (14)—ain sub-paragraph (a), after “parental bereavement leave” insert “, neonatal care leave”;bin sub-paragraph (a)(i), after “parental bereavement leave” insert “, neonatal care leave”;cin sub-paragraph (a)(iii), after “statutory shared parental pay by virtue of section 171ZU or 171ZV of the Act” insert “, statutory neonatal care pay by virtue of section 171ZZ16 of the Act”;din sub-paragraph (b), after “parental bereavement leave” insert “, neonatal care leave”;ein sub-paragraph (b)(ii), after “statutory shared parental pay” insert “, statutory neonatal care pay”;fin sub-paragraph (b)(iii), after “statutory shared parental pay” insert “, statutory neonatal care pay”.5In regulation 35 (earnings of employed earners), in paragraph (1)(i), after “statutory parental bereavement pay” insert “, statutory neonatal care pay”.6In regulation 36 (calculation of net earnings of employed earners), in paragraph (3)(d), after “statutory shared parental pay” insert “, statutory neonatal care pay”.7In regulation 75E (exception to the benefit cap: current or recent work), in paragraph (4), in the words after sub-paragraph (b), after “shared parental leave” insert “, neonatal care leave”.
13 Amendment to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006¶
1The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200614 are amended as follows.2In regulation 2 (interpretation), in paragraph (1)—ain the definition of “employed earner”—iafter “statutory sick pay” for “or” substitute “,”;iiafter “statutory maternity pay” insert “or statutory neonatal care pay”;bat the appropriate place, insert—
.
3In regulation 6 (remunerative work), in paragraph (7), after “shared parental leave” insert “, neonatal care leave”.4In regulation 29 (meaning of “income”), after paragraph (1)(j)(xviiaa) insert—
.
5In regulation 31 (treatment of child care charges)—ain paragraph (14)—iafter “shared parental leave” insert “, neonatal care leave”;iiin sub-paragraph (a), after “shared parental leave” insert “, neonatal care leave”;iiiin sub-paragraph (c), after “statutory shared parental pay by virtue of section 171ZU or 171ZV of the Act” insert “, statutory neonatal care pay by virtue of section 171ZZ16 of the Act”;bin paragraph (15)—iafter “parental bereavement leave” insert “, neonatal care leave”;iiin sub-paragraph (b), after “statutory shared parental pay” insert “, statutory neonatal pay”;iiiin sub-paragraph (c), after “statutory shared parental pay” insert “, statutory neonatal pay”.6In regulation 35 (earnings of employed earners), in paragraph (1), after sub-paragraph (jb) insert—
.
7In regulation 36 (calculation of net earnings of employed earners), in paragraph (2)(d), after “statutory shared parental pay” insert “, statutory neonatal care pay”.
14 Amendment to the Employment and Support Allowance Regulations 2008¶
1The Employment and Support Allowance Regulations 200815 are amended as follows.2In regulation 2 (interpretation), in paragraph (1), at the appropriate place insert—
.
3In regulation 43 (circumstances under which partners of claimants entitled to an income-related allowance are not to be treated as engaged in remunerative work), in paragraph (3)—aafter “parental bereavement leave”, for “or” substitute “,”;bafter “adoption leave”, insert “or neonatal care leave”.4After regulation 82A (effect of statutory shared parental pay on a contributory allowance), insert—
.
5In regulation 95 (earnings of employed earners), in paragraph (2)(b)—aafter “parental bereavement leave” for “or” substitute “,”;bafter “adoption leave” insert “or neonatal care leave”.6In Schedule 6 (housing costs), in paragraph 2 (remunerative work), in sub-paragraph (5)—aafter “parental bereavement leave” for “or” substitute “,”;bafter “adoption leave” insert “or neonatal care leave”.7In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), in paragraph 4—aafter “parental bereavement leave” for “or” substitute “,”;bafter “adoption leave” insert “or neonatal care leave”.
15 Amendment to the Investment Bank Special Administration Regulations 2011¶
1The Investment Bank Special Administration Regulations 201116 are amended as follows.2in Schedule 6 (modification and consequential amendments), in Part 1, in the list of secondary legislation in paragraph 1, after “Statutory Parental Bereavement Pay (General) (No. 2) Regulations (Northern Ireland) 2023” insert “Statutory Neonatal Care Pay (General) Regulations 2025”.
16 Amendment to the Education (Specified Work) (England) Regulations 2012¶
1The Education (Specified Work) (England) Regulations 201217 are amended as follows.2In regulation 3 (requirement to be qualified), in paragraph (2), at the end of sub-paragraph (a)(vii)—aomit “or”;binsert—
.
17 Amendment to the Education (Induction Arrangements for School Teachers) (England) Regulations 2012¶
1The Education (Induction Arrangements for School Teachers) (England) Regulations 201218 are amended as follows.2In regulation 8 (extension of an induction period before completion), in paragraph (2), at the end of sub-paragraph (f)—afor “.” substitute “;”;binsert—
.
18 Amendment to the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012¶
1The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 201219 are amended as follows.2In regulation 2 (interpretation), in paragraph (1) at the appropriate places insert—
.
3In regulation 10 (remunerative work), in paragraph (7) after “parental bereavement leave” insert “, neonatal care leave”.4In Schedule 1 (pensioners: matters that must be included in an authority’s scheme)—ain paragraph 16 (meaning of “income”), after sub-paragraph (1)(j)(xvib) insert—
;
bin paragraph 18 (earnings of employed earners), after sub-paragraph (1)(jb) insert—
;
cin paragraph 19 (calculation of net earnings of employed earners), in sub-paragraph (2)(d) after “statutory parental bereavement pay” insert “, statutory neonatal care pay”;din paragraph 25 (treatment of childcare charges), in sub-paragraph (14)—iin the opening words and in paragraph (a), for the words “maternity leave, paternity leave, shared parental leave, parental bereavement leave or adoption leave” substitute “qualifying family leave”;iifor paragraph (c) substitute—
;
ein sub-paragraph (15)—iin the opening words, for the words “maternity, paternity leave, shared parental leave, parental bereavement leave or adoption leave” substitute “qualifying family leave”;iiin paragraph (b) after “statutory parental bereavement pay” insert “, statutory neonatal care pay”;iiiin paragraph (c) after “statutory parental bereavement pay” insert “, statutory neonatal care pay”;fin sub-paragraph (16), before paragraph (a) insert—
.
19 Amendment to the Universal Credit Regulations 2013¶
1The Universal Credit Regulations 201320 are amended as follows.2In regulation 2 (interpretation) at the appropriate place insert—
.
3In regulation 32 (the work condition), in paragraph (2)(b), after “statutory parental bereavement pay” insert “, statutory neonatal care pay”.4In regulation 55 (employed earnings), in paragraph (4)—aat the end of sub-paragraph (f), omit “and”;bat the end of sub-paragraph (g), for “.” substitute “; and”;cafter sub-paragraph (g) insert—
.
20 Amendment to the Jobseeker's Allowance Regulations 2013¶
1The Jobseeker’s Allowance Regulations 201321 are amended as follows.2In regulation 2 (general interpretation), in paragraph (2), at the appropriate place insert—
.
3In regulation 43 (persons treated as engaged in remunerative work), in paragraph (1), after “parental bereavement leave,” insert “neonatal care leave,”.4In regulation 58 (earnings of employed earners), in paragraph (2)(c), after “parental bereavement leave” insert “, neonatal care leave”.
21 Amendment to the Employment and Support Allowance Regulations 2013¶
1The Employment and Support Allowance Regulations 201322 are amended as follows.2After regulation 75A (effect of statutory shared parental pay on an employment and support allowance), insert—
.
3In regulation 80 (earnings of employed earners), in paragraph (2)(b), after “parental bereavement leave under section 80EA of that Act” insert “, neonatal care leave under section 80EF of that Act”.
22 Amendment to the Legal Aid (Information about Financial Resources) Regulations 2013¶
1The Legal Aid (Information about Financial Resources) Regulations 201323 are amended as follows.2In regulation 7 (prescribed benefits)—aat the end of paragraph (c), omit “and”;bat the end of paragraph (d), for “.” substitute “; and”;cafter paragraph (d), insert—
.
23 Amendment to the Local Government Pension Scheme Regulations 2013¶
1The Local Government Pension Scheme Regulations 201324 are amended as follows.2In regulation 15 (employer contributions during absences), in paragraph (4)(b), after “additional adoption leave,” insert “neonatal care leave,”.3In regulation 16 (additional pension contributions), in paragraph (17)(a), after “additional adoption leave,” insert “neonatal care leave,”.4In Schedule 1 (interpretation)—ain the definition of “child-related leave”—iat the end of paragraph (f), omit “or”;iiat the end of paragraph (g), insert “or”;iiiafter paragraph (g), insert—
;
bat the appropriate place insert—
;
cin the definition of “statutory pay”, after “parental bereavement” insert “, neonatal care”.
24 Amendment to the Teachers' Pension Scheme Regulations 2014¶
1The Teachers’ Pension Scheme Regulations 201425 are amended as follows.2In regulation 3 (interpretation)—aat the appropriate place insert—
;
bin the definition of “non-pensionable family leave”, after “carer’s leave or” insert “neonatal care leave”;cin the definition of “statutory pay” after paragraph (a) insert—
.
3In regulation 23 (service not pensionable unless member is entitled to pay), in paragraph (1)(b), after “parental bereavement leave,” insert “neonatal care leave,”.4In regulation 33 (interpretation), in paragraph (b) of the definition of “notional pensionable earnings”, after “parental bereavement leave,” insert “neonatal care leave,”.5In regulation 34 (pensionable earnings for school teachers), in paragraph (2)(c), after “parental bereavement leave,” insert “neonatal care leave,”.6In regulation 39 (pensionable earnings for the purpose of accruing benefits), in paragraph (a), after “parental bereavement leave” insert “, neonatal care leave”.7In regulation 143 (annual rate of surviving adult pension: short-term), in paragraph (2)(a) after “parental bereavement leave” insert “, neonatal care leave”.8In regulation 150 (annual rate of child pension: short-term), in paragraph (2)(a) after “parental bereavement leave” insert “, neonatal care leave”.9In regulation 184 (pensionable earnings for a pay period), in paragraph (4) after “parental bereavement leave” insert “, neonatal care leave”.10In regulation 189 (entitlement to repayment of balance of contributions), in paragraph (3) after “parental bereavement leave” insert “, neonatal care leave”.11In regulation 219 (employment records), in paragraph (2)(f) after “parental bereavement leave” insert “, neonatal care leave”.
25 Amendment to the Childcare Payments (Eligibility) Regulations 2015¶
1The Childcare Payments (Eligibility) Regulations 201526 are amended as follows.2In regulation 12 (qualifying paid work: time off in connection with sickness or parenting)—ain paragraph (1)(n), after “the Employment Rights (Northern Ireland) Order 1996;” omit “or”;bat the end of paragraph (1)(o), for “.” substitute “;”;cafter paragraph (1)(o), insert—
;
din paragraph (4) after “paragraph (1)(b) to (m)” insert “, (p) or (q)”;ein paragraph (7)(a)—iafter “paragraph (1)(a) to (c), (f)” for “or” substitute “,”;iiafter “(i)” insert “, or (q)”;fin paragraph (7)(b)—iafter “paragraph (1)(d), (e), (g), (h)” for “or” substitute “,”;iiafter “(j) to (m)” insert “, or (p)”.
26 Amendment to the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018¶
1The National Health Service (General Medical Services Contracts) (Scotland) Regulations 201827 are amended as follows.2In regulation 7 (further conditions relating to all contracts), in paragraph (3)(c)—ain paragraph (iv) after “parental leave;” omit “or”;bin paragraph (v) for “,” substitute “; or”;cafter paragraph (v) insert—
.
27 Amendment to the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2018¶
1The National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 201828 are amended as follows.2In regulation 5 (further conditions relating to all agreements), in paragraph (3)(c)—ain paragraph (iv) after “parental leave;” omit “or”;bin paragraph (v) for “,” substitute “; or”;cafter paragraph (v) insert—
.
28 Amendment to the Payment and Electronic Money Institution Insolvency Regulations 2021¶
1The Payment and Electronic Money Institution Insolvency Regulations 202129 are amended as follows.2In Schedule 3 (further provision about how other legislation applies to companies in special administration), in the list of secondary legislation in paragraph 2, after “Statutory Parental Bereavement Pay (General) Regulations (Northern Ireland) 2023” insert—
.
29 Amendment to the Judicial Pensions Regulations 2022¶
1The Judicial Pensions Regulations 202230 are amended as follows.2In regulation 2 (interpretation)—aat the appropriate place insert—
;
bin the definition of “statutory pay”—iat the end of paragraph (c), omit “or”;iiat the end of paragraph (d), for “:” substitute “; or”;iiiafter paragraph (d), insert—
.
3In regulation 17 (meaning of “assumed pay”: salaried office holders), in paragraph (3)(b)—aafter “paternity leave” for “or” substitute “,”;bafter “additional paternity leave” insert “or neonatal care leave”.4In regulation 18 (meaning of “assumed pay”: fee-paid office holders), in paragraph (5)(b)—aafter “paternity leave” for “or” substitute “,”;bafter “additional paternity leave” insert “or neonatal care leave”.5In regulation 106 (amount of pensionable earnings: assumed pay), in paragraph (4)—aafter “paternity leave” for “or” substitute “,”;bafter “additional paternity leave” insert “or neonatal care leave”.6In regulation 107 (payment of member contributions), in paragraph (3)(a)—aafter “paternity leave” for “or” substitute “,”;bafter “additional paternity leave” insert “or neonatal care leave”.
30 Amendment to the Childcare (Free of Charge for Working Parents) (England) Regulations 2022¶
1The Childcare (Free of Charge for Working Parents) (England) Regulations 202231 are amended as follows.2In regulation 16 (qualifying paid work requirement: employee), in paragraph (4) in the definition of “specified leave”—aafter sub-paragraph (a)(vii), insert—
;
bat the end of sub-paragraph (b)(vii) for “.” substitute “;”;cafter sub-paragraph (b)(vii), insert—
.
Footnotes
1
2023 c. 20.
2
1992 c. 5. Section 176(1) amended by paragraph 23 of Schedule 9 to the Local Government Finance Act 1992 (c. 14), paragraph 3(4) of Schedule 13 to the Housing Act 1996 (c. 52), section 69(6) of the Child Support, Pensions and Social Security Act 2000 (c. 19) and Part 1 of Schedule 14 to the Welfare Reform Act 2012 (c. 5).
3
S.I. 1975/556; amended by S.I. 1988/516, S.I. 2003/521., S.I. 2012/766, S.I. 2014/3255 and S.I. 2020/354.
4
S.I. 1982/894; relevant amending instruments are S.I. 1987/868, S.I. 2002/2690, S.I. 2007/1154, S.I. 2014/3255 and S.I. 2020/354.
5
S.I. 1986/1960; relevant amending instruments are S.I. 2002/2690, S.I. 2007/1154, S.I. 2014/3255 and S.I. 2020/354.
6
S.I. 1987/1967; relevant amending instruments are S.I. 1993/2119, S.I. 2002/2689, S.I. 2008/698, S.I. 2012/757, S.I. 2014/3255 and S.I. 2020/354.
7
S.I. 1996/207; relevant amending instruments are S.I. 2002/2689, S.I. 2008/698, S.I. 2012/757, S.I. 2014/3255 and S.I. 2020/354.
8
S.I. 1996/2745, amended by S.I. 2002/2823; there are other amending instruments but none is relevant.
9
S.I. 1996/2890; relevant amending instruments are S.I. 2003/2504, S.I. 2004/253, S.I. 2005/3323, S.I. 2006/2801 and S.I. 2014/1829.
10
S.I. 2000/688, amended by S.I. 2002/2690, S.I. 2007/1154, S.I. 2014/3255 and S.I. 2020/354.
11
S.I. 2001/4022, amended by S.I. 2010/1160.
12
S.I. 2002/1792; relevant amending instruments are S.I. 2003/2274, S.I. 2012/757, S.I. 2014/3255 and S.I. 2020/354.
13
S.I. 2006/213; relevant amending instruments are S.I. 2012/757, S.I. 2012/2994, S.I. 2014/3255 and S.I. 2020/354.
14
S.I. 2006/214; relevant amending instruments are S.I. 2012/757, S.I. 2014/3255 and S.I. 2020/354.
15
S.I. 2008/794; relevant amending instruments are S.I. 2013/630, S.I. 2014/3255 and S.I. 2020/354.
16
S.I. 2011/245, amended by S.I. 2015/17, S.I. 2017/752, S.I. 2019/348, S.I. 2020/354 and S.R. 2023 No.157.
17
S.I. 2012/762, amended by S.I. 2014/3255, S.I. 2020/354 and S.I. 2024/266.
18
S.I. 2012/1115; relevant amending instruments are S.I. 2020/354, S.I. 2021/385 and S.I. 2024/266.