The Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003

Regulation 2

SCHEDULE 1U.K.Application of Part 12ZA of the Act to adoptions from overseas

ProvisionModification
Section 171ZB(2)

F1...

In paragraph (a)(i), for “who is placed for adoption under the law of any part of the United Kingdom” substitute “ who is adopted from overseas ”.

In paragraph (a)(ii), for “a person with whom the child is so placed for adoption” substitute .

[F2In paragraph (b), omit “ending with the relevant week”] .

In paragraph (d), for “the day on which the child is placed for adoption” substitute “ the day on which the child enters Great Britain ”.

In paragraph (e), for “a person with whom the child is placed for adoption” substitute “ an adopter of the child ”.

Section 171ZB(3)

[F3For subsection (3) substitute—

(3) The references in subsection (2)(c) and (d) to the relevant week are to—

(a)the week in which official notification is sent to the adopter, or

(b)the week at the end of which the person satisfies the condition in subsection (2)(b), whichever is the later.]

F4...

F4 “. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”

Section 171ZB(6)

For “the placement for adoption of more than one child as part of the same arrangement” substitute “ the adoption from overseas of more than one child as part of the same arrangement ”.

Section 171ZB(7)Omit subsection (7).
Section 171ZE(3)

In paragraph (b), for “with the date of the child’s placement for adoption” substitute “ with the date of the child’s entry into Great Britain ”.

Section 171ZE(10)

For subsection (10) substitute—

“(10) Where more than one child is the subject of adoption from overseas as part of the same arrangement, and the date of entry of each child is different, the reference in subsection (3)(b) to the date of the child’s entry into Great Britain shall be interpreted as a reference to the date of the entry of the first child to enter Great Britain.”.

Section 171ZEB(2

[F5In paragraph (a)(i), for “who has been placed for adoption under the law of any part of the United Kingdom” substitute “who has been adopted from overseas”.

In paragraph (a)(ii), for “a person with whom the child is so placed for adoption” substitute “an adopter of the child”.

In paragraph (b), for “ending with a prescribed week” substitute “prior to the date of the child’s entry into Great Britain”.

In paragraph (e), for “the placement of the child for adoption”, substitute “the adoption of the child from overseas”.

In paragraph (g)(i) for “the placement of the child for adoption”, substitute “the date of the child’s entry into Great Britain”.

Section 171ZEB(5)For “the placement for adoption of more than one child as part of the same arrangement” substitute “the adoption from overseas of more than one child as part of the same arrangement”.
Section 171ZEE(3)For “the person with whom the child is placed for adoption”, substitute “adopter”
Section 171ZEE(4)In paragraph (c) (ii), for “person with whom the child is placed for adoption”, substitute “adopter”.
Section 171ZEE(5)

For paragraph (b), substitute—

“(b)in the case of a person to whom the conditions in section 171ZEB(2) apply, the date of the child’s entry into Great Britain (or, where more than one child is subject to adoption from overseas as part of the same arrangement, the date of the entry of the first child to enter Great Britain).”].

Section 171ZJ(1)

In the appropriate places in the alphabetical order, insert—

““adopter”, in relation to a child, means a person by whom the child has been or is to be adopted;”

““adoption from overseas” means the 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, and the references to a child adopted from overseas shall be construed accordingly;”

““official notification” means written notification, issued by or on behalf of the relevant domestic authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent;”

““relevant domestic authority” means—

(a)in the case of an adopter to whom the Intercountry Adoption (Hague Convention) Regulations 2003 apply and who is habitually resident in Wales, the National Assembly of Wales;

(b)in the case of an adopter to whom the [F6Adoptions with a Foreign Element (Scotland) Regulations 2009] apply and who is habitually resident in Scotland, the Scottish Ministers;

(c)in any other case, the Secretary of State.”.

Textual Amendments