F1PART XIIZB STATUTORY ADOPTION PAY
167ZN Rate and period of pay
F2(1)
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(2)
Statutory adoption pay shall be payable, subject to the provisions of this Part of this Act, in respect of each week during a prescribed period (“the adoption pay period”) of a duration not exceeding F352 weeks.
F4(2A)
Regulations may provide for the duration of the adoption pay period as it applies to a person (“A”) to be reduced, subject to prescribed restrictions and conditions.
(2B)
Regulations under subsection (2A) are to secure that the reduced period ends at a time—
(a)
after a prescribed part of the adoption pay period has expired; and
(b)
when at least a prescribed part of the adoption pay period remains unexpired.
(2C)
Regulations under subsection (2A) may, in particular, prescribe restrictions and conditions relating to—
(a)
the end of A's entitlement to adoption leave;
(b)
the doing of work by A;
(c)
the taking of prescribed steps by A or another person as regards leave under Article 107G of the Employment Rights Order in respect of the child;
(d)
the taking of prescribed steps by A or another person as regards statutory shared parental pay in respect of the child.
(2D)
Regulations may provide for a reduction in the duration of the adoption pay period as it applies to a person to be revoked, or to be treated as revoked, subject to prescribed restrictions and conditions.
F5(2E)
Statutory adoption pay shall be payable to a person—
(a)
at the earnings-related rate, in respect of the first 6 weeks in respect of which it is payable; and
(b)
at whichever is the lower of the earnings-related rate and such weekly rate as may be prescribed, in respect of the remaining portion of the adoption pay period.
(2F)
The earnings-related rate is a weekly rate equivalent to 90 per cent of a person's normal weekly earnings for the period of 8 weeks ending with the week in which the person is notified that the person has been matched with a child for the purposes of adoption.
(2G)
The weekly rate prescribed under subsection (2E)(b) shall not be less than the weekly rate of statutory sick pay for the time being specified in section 153(1) or, if two or more such rates are for the time being so specified, the higher or highest of those rates.
(3)
F6Except in such cases as may be prescribed, a person shall not be liable to pay statutory adoption pay to another in respect of any week during any part of which the other works under a contract of service with him.
(4)
It is immaterial for the purposes of subsection (3) above whether the work referred to in that subsection is work under a contract of service which existed immediately before the adoption pay period or a contract of service which did not so exist.
(5)
Except in such cases as may be prescribed statutory adoption pay shall not be payable to a person in respect of any week during any part of which he works for any employer who is not liable to pay him statutory adoption pay.
(6)
The Department may by regulations specify circumstances in which there is to be no liability to pay statutory adoption pay in respect of a week.
F7(6A)
Where for any purpose of this Part of this Act or of regulations it is necessary to calculate the daily rate of statutory adoption pay, the amount payable by way of statutory adoption pay for any day shall be taken as one seventh of the weekly rate.
(7)
In F8subsections (2) and (2E) above, “week” means any period of seven days.
(8)
In subsections (3), (5) and (6) above, “week” means a period of seven days beginning with the day of the week on which the adoption pay period begins.
F9(9)
Where statutory adoption pay is payable to a person by virtue of section 167ZLA(1) to (3), this section has effect as if the reference in subsection (2F) to the week in which the person is notified that he has been matched with a child for the purposes of adoption were such reference as may be prescribed.