The Statutory Paternity Pay and Statutory Adoption Pay (Parental Orders and Prospective Adopters) Regulations 2014

4.—(1) Regulation 2 (interpretation) of the Pay Regulations is amended as follows.

(2) For paragraph (2) substitute—

“(2) For the purposes of these Regulations—

(a) a person is matched with a child for adoption when an adoption agency decides that that person would be a suitable adoptive parent for the child;

(b) in a case where paragraph (a) applies, a person is notified as having been matched with a child on the date that person receives notification of the agency’s decision, under regulation 33(3)(a) of the Adoption Agencies Regulations 2005(1), regulation 28(3) of the Adoption Agencies (Wales) Regulations 2005(2) or regulation 8(5) of the Adoption Agencies (Scotland) Regulations 2009(3);

(c) a person is also matched with a child for adoption when a decision is has been made in accordance with regulation 22A of the Care Planning, Placement and Case Review (England) Regulations 2010(4) and an adoption agency has identified that person with whom the child is to be placed in accordance with regulation 12B of the Adoption Agencies Regulations 2005(5).

(d) in a case where paragraph (c) applies, a person is notified as having been matched with a child on the date on which that person receives notification in accordance with regulation 12B(2)(a) of the Adoption Agencies Regulations 2005.”.

(3) After paragraph (2), as substituted by this regulation, insert—

“(3) A reference (however expressed) in these Regulations to “placed for adoption” means—

(a) placed for adoption under the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007; or

(b) placed in accordance with section 22C of the Children Act 1989(6) with a local authority foster parent(7) who is also a prospective adopter.

(4) The reference to “prospective adopter” in paragraph (3) means a person who has been approved as suitable to adopt a child and has been notified of that decision in accordance with regulation 30B(4) of the Adoption Agencies Regulations 2005(8).”.

(1)

S.I. 2005/389.

(2)

S.I. 2005/1313.

(3)

S.S.I. 2009/154.

(4)

S.I. 2010/959; amended by S.I. 2014/1556; there is another amending instrument but it is not relevant.

(5)

S.I. 2005/389; amended by S.I. 2014/1556; there are other amending instruments but none is relevant.

(6)

1989 c.41; section 22C was inserted by section 8(1) of the Children and Young Persons Act 2008 (c.23).

(7)

“local authority foster parent” is defined in section 171ZJ(1) and 171ZS(1) of the Social Security Contributions and Benefits Act 1992.

(8)

S.I. 2005/389; amended by S.I. 2014/1556; there are other amending instruments but none is relevant.