The Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (No. 2) Regulation 2003

Explanatory Note

(This note is not part of the Regulations)

This instrument contains only regulations made by virtue of sections 2, 4 and 53 of, and paragraphs 8 and 11 of Schedule 7 to, the Employment Act 2002, which came into force on 8th December 2002. The instrument is made before the end of the period of 6 months beginning with the coming into force of those provisions. The regulations in it are therefore exempted by section 173(5)(b) of the Social Security Administration Act 1992 from the requirement under section 172 of that Act to refer the proposals to make the regulations to the Social Security Advisory Committee and they are made without reference to the Committee.

These Regulations, made under provisions inserted into the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) by the Employment Act 2002, make provision relating to statutory paternity pay in respect of adoptions from overseas and statutory adoption pay in respect of adoptions from overseas. An adoption from overseas is defined in the Regulations as an adoption of a child who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom.

The Regulations should be read together with the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003, which provide for Parts 12ZA and 12ZB of the 1992 Act to have effect, with the modification prescribed in the Regulations, in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom.

Regulation 3 sets out the extent to which and the manner in which the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 apply to adoptions from overseas.

Regulation 4 is an application provision.

Regulations 5 to 11 relate to statutory paternity pay in respect of adoptions:

• regulation 5 sets out the entitlement conditions as regards the child and the (or the other) adopter;

• regulation 6 specifies the period of payment for statutory paternity pay (adoption) for adoptions from overseas;

• regulation 7 sets out additional notice requirements;

• regulation 8 specifies the period within which the statutory paternity pay period must occur (“the qualifying period”);

• regulation 9 sets out the evidence of entitlement that is required;

• regulation 10 provides for exceptional circumstances in which statutory paternity pay (adoption) is payable to a person even though he is working for another employer;

• regulation 11 provides for liability to make payments of statutory paternity pay in cases where an employee’s contract of service is brought to an end solely or mainly for the purpose of avoiding liability to pay statutory paternity pay.

Regulations 12 to 18 relate to statutory adoption pay:

• regulation 12 specifies the period of payment for statutory adoption pay;

• regulation 13 specifies how the adoption pay period is to be terminated where the adoption is disrupted;

• regulation 14 sets out additional notice requirements;

• regulation 15 sets out the evidence of entitlement that is required;

• regulation 16 provides for exceptional circumstances in which statutory adoption pay is payable to a person even though he is working for another employer;

• regulation 17 makes provision for liability for payment of statutory adoption pay where the adopter ceases to work for his employer prior to the start of the adoption pay period, including the circumstances in which liability for payment passes to the Commissioners of Inland Revenue and the circumstances in which that liability ceases;

• regulation 18 provides for liability to make payments of statutory adoption pay in cases where an employee’s contract of service is brought to an end solely or mainly for the purpose of avoiding liability to pay statutory adoption pay.

Regulation 19 revokes the Statutory Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) Regulations 2003, which came into force on 6th April 2003 and provided for paternity and adoption pay in the case of adoptions from overseas.