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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2006 No. 3314 URL: http://www.bailii.org/uk/legis/num_reg/2006/20063314.html

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" "disabled" means entitled to a disability living allowance within the meaning of section 71 of the Social Security Contributions and Benefits Act 1992[3];";

(b) for the definition of "partner" substitute—

" "partner" means the other member of a couple consisting of—
(a) a man and a woman who are not married to each other but are living together as if they were husband and wife, or

(b) two people of the same sex who are not civil partners of each other but are living together as if they were civil partners;";



(c) after the definition of "partner" insert—

" "relative" means a mother, father, adopter, guardian, special guardian parent-in-law, step-parent, son, step-son, daughter, step-daughter, brother, step-brother, brother-in-law, sister, step-sister, sister-in-law, uncle, aunt or grandparent, and includes adoptive relationships and relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption;
"special guardian", means a person appointed as a special guardian under section 14A of the Children Act 1989[4];".

    (3) For paragraph (2) substitute—

    " (2) A reference in any provision of these Regulations to a period of continuous employment is to a period computed in accordance with Chapter 1 of Part 14 of the 1996 Act, as if the provision were a provision of that Act.".

    (4) Paragraph (3) shall be omitted.

     4. —(1) Regulation 3 (entitlement to request a contract variation) is amended as follows.

    (2) In the title after "contract variation" insert "to care for a child".

    (3) In paragraph (1) after "An employee is entitled to make an application to his employer for a contract variation" insert "to enable him, in accordance with section 80F(1)(b)(i) of the 1996 Act, to care for a child".

    (4) In paragraphs (1)(b)(i) and (1)(b)(ii) after "guardian" insert ", special guardian".

    (5) Paragraph (2) shall be omitted.

     5. After regulation 3 insert—

" Age of child
     3A. An application under regulation 3 must be made before the day on which the child concerned reaches the age of 6 or, if disabled, 18.

Entitlement to request a contract variation to care for an adult
     3B. An employee is entitled to make an application to his employer for a contract variation to enable him, in accordance with section 80F(1)(b)(ii) of the 1996 Act, to care for a person aged 18 or over if the employee—


(a) has been continuously employed for a period of not less than 26 weeks;

(b) is or expects to be caring for a person in need of care who is either—


(i) married to or the partner or civil partner of the employee;

(ii) a relative of the employee; or

(iii) living at the same address as the employee.".

Jim Fitzpatrick
Parliamentary Under Secretary of State for Employment Relations Department of Trade and Industry

7th December 2006

[2] S.I. 2002/3236; relevant amending instrument is the Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114).back

[3] 1992 c. 4. Section 71 corresponds to provisions formerly contained in Section 1 of the Disability Living Allowance and Disability Working Allowance Act 1991. Section 1 of that Act was repealed by Schedule 1 to the Social Security (Consequential Provisions) Act 1992 (c.6).back

[4] 1989 c.41. Section 14A (which extends to England and Wales only) was inserted by section 115(1) of the Adoption and Children Act 2002 (c.38).back

 © Crown copyright 2006