[F1167ZB Entitlement: adoptionN.I.
(1)Where a person satisfies the conditions in subsection (2) below, he shall be entitled in accordance with the following provisions of this Part of this Act to payments to be known as “[F2ordinary statutory paternity pay]”.
(2)The conditions are—
(a)that he satisfies prescribed conditions—
(i)as to relationship with a child who is placed for adoption, under the law of any part of the United Kingdom, and
(ii)as to relationship with a person with whom the child is so placed for adoption;
(b)that he has been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the relevant week;
(c)that his normal weekly earnings for the period of 8 weeks ending with the relevant week are not less than the lower earnings limit in force under section 5(1)(a) above at the end of the relevant week;
(d)that he has been in employed earner’s employment with the employer by reference to whom the condition in paragraph (b) above is satisfied for a continuous period beginning with the end of the relevant week and ending with the day on which the child is placed for adoption; and
(e)where he is a person with whom the child is placed for adoption, that he has elected to receive statutory paternity pay.
(3)The references in subsection (2) above to the relevant week are to the week in which the adopter is notified of being matched with the child for the purposes of adoption.
(4)A person may not elect to receive [F2ordinary statutory paternity pay] if he has elected in accordance with section 167ZL below to receive statutory adoption pay.
(5)Regulations may make provision about elections for the purposes of subsection (2)(e) above.
(6)A person’s entitlement to [F2ordinary statutory paternity pay] under this section shall not be affected by the placement for adoption of more than one child as part of the same arrangement.
(7)In this section, “adopter”, in relation to a person who satisfies the condition under subsection (2)(a)(ii) above, means the person by reference to whom he satisfies that condition.]
Textual Amendments
F1Pt. XIIZA (ss. 167ZA-167ZK) inserted (8.12.2002) by The Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)), arts. 1(2), 5; S.R. 2002/356, art. 2(2), Sch. 1 Pt. II
F2Words in s. 167ZB(1)(4)(6) substituted (1.10.2010) by The Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947), art. 1(3), Sch. 1 para. 12; S.R. 2010/295, art. 3(d)
Modifications etc. (not altering text)
C1S. 167ZB modified (8.12.2002) by Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2002 (S.R. 2002/382), reg. 5(2) (with reg. 2)