Finance Bill – in a Public Bill Committee at 2:45 pm on 28 January 2025.
The clause makes a consequential amendment to the shared incentive plan—SIP—to take account of the introduction of statutory neonatal care pay in the Neonatal Care (Leave and Pay) Act 2023. SIP is a tax advantage share scheme through which a company can award free shares to employees, or enable them to purchase partnership shares through salary deductions authorised by the employee. The SIP legislation requires an employer, when entering a partnership share agreement, to provide notice to inform the employee of the possible effect of salary deductions on their entitlement to social security benefits, such as statutory sick pay or statutory maternity pay.
The Neonatal Care (Leave and Pay) Act 2023 introduced provisions to enable parents whose babies require specialist care after birth to take additional paid time off work. The share incentive plan legislation must therefore be updated accordingly to reflect the introduction of statutory neonatal care pay, which may also be impacted by salary deductions. As a result of the changes made by clause 36, statutory neonatal care pay will be included in the notice that employers must provide to employees when entering partnership share agreements alongside other existing statutory payments. The clause will ensure that employees understand the potential impact of salary deductions as part of a SIP agreement on their entitlement to statutory neonatal care pay. I therefore commend the clause to the Committee.
It is a pleasure to serve under your chairmanship, Mr Mundell. As we heard from the Minister, clause 36 confirms that statutory neonatal care pay is taxable as social security income. The measure will take effect from
It is important to understand the context in which we are discussing today’s changes; since at least 2014, there have been calls to extend parental leave and pay for parents who have premature babies and would seek neonatal care. I was pleased to stand on a manifesto in 2019 that committed to legislating to allow parents to take extended leave for neonatal care to support those new mothers and fathers who need it during the most vulnerable and stressful days of their lives.
In 2019, the previous Government launched the good work plan proposal to support families, which included proposals to do just that—introduce neonatal care leave and pay. The Government responded to that consultation, which led to the Neonatal Care (Leave and Pay) Bill, introduced as a private Member’s Bill supported by the Government. That new right, confirmed from
The impact assessment for that Bill notes that the estimated annual costs to the Exchequer of the care leave paid at statutory flat rate would be around £14 million a year on average. I wonder if the Minister has an update on whether those estimates are still correct. It also suggested that the one-off cost to businesses of familiarising themselves with the new legislation was around £4.7 million, with the resulting annual cost to business estimated at £22 million. Does the Minister have updated figures on the impact of introducing those measures?
The measure we are discussing here is technical and confirm the tax treatment, but it is important—as the Minister said—that employers make clear the implications to their staff members. Can the Minister confirm what action the Government are taking to communicate proactively about the changes? As I have set out, we support this right to neonatal care and pay, and I look forward to the Minister’s response to the specific questions.
I thank the shadow Minister for his support for this measure. If I understood his comments correctly, he asked a series of questions about the Exchequer impact and estimated costs of the measure itself, whereas the clause we are talking about here is really a consequential and relatively minor technical change to what employers have to say when they notify employees who are taking part in share incentive plans. I could try to look into those questions for him after this Committee sitting, but the information that we are discussing today—the scope of this clause—is actually much more limited than his questions suggest.
This clause is really just about employers notifying employees that if they take part in a share incentive plan, it may impact their statutory benefits, which now include neonatal care pay. It does not make any changes to neonatal care pay itself, which is the subject of separate legislation that is not impacted in any way by these clauses. I would not want anyone watching the Committee or reading Hansard to be under the misapprehension that we are in any way changing neonatal care pay, which we think is very important. This is purely about making sure that employees who are considering taking part in a share incentive plan are fully informed of what impact any salary deductions may have on their eligibility for statutory benefits.
In terms of implementing the scheme, again, we may be talking slightly at cross purposes. This clause is really about ensuring that employees are properly informed about how the share incentive plan works and the implications of having salary deductions for that, rather than neonatal care pay itself. That would be a separate question to be picked up at another time. Having neonatal care pay is an important change in legislation and we are very pleased that it is part of the landscape of statutory benefits, but this clause does not impact neonatal care pay. It is purely about informing employees of the potential impact of salary deductions when they want to engage with a share incentive plan.
Clause 36 very much focuses on the share incentive plan. We want to make it clear that when entering a partnership share agreement, employers are required, as I said earlier, to provide employees with a notice outlining the possible effects of associated salary deductions on their entitlement to social security benefits and statutory payments. The clause is purely about that, and it will ensure that the notice must refer to statutory neonatal care pay alongside the other existing statutory payments. I hope that helps to clarify the scope of the clause, and that the Opposition will continue to support it.