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The Statutory Shared Parental Pay (General) Regulations 2014

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Statutory Shared Parental Pay (General) Regulations 2014 No. 3051

Notification and evidential requirements relating to the adopter

This section has no associated Explanatory Memorandum

19.—(1) The notification and evidential requirements referred to in regulation 17(2)(c) are that A gives the employer who will be liable to pay statutory shared parental pay (adoption) to A the notice and information specified in—

(a)paragraphs (2) and (3)(a), (b), (d) and (e) at least 8 weeks before the beginning of the first period specified by A pursuant to paragraph (2)(d);

(b)paragraph (3)(c) at least 8 weeks before the beginning of the first period specified by A pursuant to paragraph (2)(d) or, if C is not placed for adoption by that time, as soon as reasonably practicable after the placement of C but in any event before the beginning of that first period; and

(c)paragraph (4) within 14 days of that employer requesting that information where the employer requests it within 14 days of receiving the notice and information specified in paragraph (2) and (3)(a), (b), (d) and (e).

(2) The notice specified in this paragraph is notice of—

(a)the number of weeks in respect of which A would be entitled to claim statutory shared parental pay (adoption) in respect of C if entitlement were fully exercised disregarding any intention of AP to claim statutory shared parental pay (adoption) in respect of C;

(b)the number of weeks (out of those specified under paragraph (2)(a)) in respect of which A intends to claim statutory shared parental pay (adoption) in respect of C;

(c)the number of weeks (out of those specified under paragraph (2)(a)) in respect of which AP intends to claim statutory shared parental pay (adoption) in respect of C; and

(d)the period or periods during which A intends to claim statutory shared parental pay (adoption) in respect of C.

(3) The information specified in this paragraph is—

(a)a written declaration signed by AP who in connection with A’s claim is required to satisfy the conditions specified in regulation 17(3)—

(i)that AP consents to A’s intended claim for statutory shared parental pay;

(ii)that AP meets or will meet the conditions in regulation 17(3) (conditions to be satisfied by AP);

(iii)specifying AP’s name, address and national insurance number or, if AP has no national insurance number, stating that AP has no such number; and

(iv)providing AP’s consent as regards the processing by the employer who will be liable to pay statutory shared parental pay (adoption) to A of the information in the written declaration;

(b)the date on which A was notified that A had been matched with C;

(c)the date of C’s placement for adoption;

(d)A’s name; and

(e)a written declaration signed by A—

(i)that the information given by A under paragraph (2) and (3) is correct;

(ii)that A meets or will meet the conditions in regulation 17(2); and

(iii)that A will immediately inform the person who will be liable to pay statutory shared parental pay (adoption) if A ceases to meet the condition in regulation 17(2)(e); and

(iv)specifying the date on which A’s adoption pay period in respect of C began and the number of weeks by which it is, or will be, reduced.

(4) The information specified in this paragraph is—

(a)evidence, in the form of one or more documents issued by the adoption agency that matched A with C, of—

(i)the name and address of the adoption agency;

(ii)the date on which A was notified that A had been matched with C; and

(iii)the date on which the adoption agency was expecting to place C with A; and

(b)the name and address of AP’s employer or, if AP has no employer, a written declaration signed by A that AP has no employer.

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