Weekly rate of payment of statutory adoption pay

3.  The weekly rate of payment of statutory adoption pay shall be the smaller of the following two amounts—

(a)[F1£138.18];

(b)90 per cent. of the normal weekly earnings of the person claiming statutory adoption pay, determined in accordance with regulations 39 and 40 of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002.