C1C2C3F1PART XIIZA STATUTORY PATERNITY PAY

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)

F2Additional statutory paternity pay

Annotations:
Amendments (Textual)

167ZEBF3Entitlement to additional statutory paternity pay: adoption

1

The Department may by regulations provide that, where all the conditions in subsection (2) are satisfied in relation to a person (“the claimant”), the claimant shall be entitled in accordance with the following provisions of this Part to payments to be known as “additional statutory paternity pay”.

2

Those conditions are—

a

that the claimant satisfies prescribed conditions—

i

as to relationship with a child who has been 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 (“the adopter”);

b

that the claimant has been in employed earner's employment with an employer for a continuous period of at least the prescribed length ending with a prescribed week;

c

that the claimant's normal weekly earnings for a prescribed period ending with a prescribed week are not less than the lower earnings limit in force under section 5(1)(a) at the end of that week;

d

if regulations so provide, that the claimant continues to work in employed earner's employment (whether or not with that employer) until a prescribed time;

e

that the adopter became entitled to statutory adoption pay by reference to the placement of the child for adoption;

f

that the adopter has, in relation to employment as an employed or self-employed earner, taken action that is treated by regulations as constituting for the purposes of this section the adopter's return to work;

g

that the day on which the adopter is treated as returning to work falls—

i

after the end of a prescribed period beginning with the placement of the child for adoption, but

ii

at a time when at least a prescribed part of the adopter's adoption pay period remains unexpired;

h

that it is the claimant's intention to care for the child during a period beginning not later than a prescribed time.

3

The regulations may—

a

exclude the application of the conditions mentioned in paragraphs (f) and (g) of subsection (2) in cases where the adopter has died, and

b

provide that the condition mentioned in paragraph (e) of that subsection shall have effect with prescribed modifications in such cases.

4

A person may not elect to receive additional statutory paternity pay if he has elected in accordance with section 167ZL to receive statutory adoption pay.

5

A person's entitlement to additional 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.