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PART 3E+W+SStatutory paternity pay (adoption)

Conditions of entitlement to statutory paternity pay (adoption): relationship with child and with person with whom the child is placed for adoptionE+W+S

11.—(1) The conditions prescribed under section 171ZB(2)(a) of the Act are that a person—

(a)is married to [F1, the civil partner] or the partner of a child’s adopter (or in a case where there are two adopters, married to [F1, the civil partner] or the partner of the other adopter), and

(b)has, or expects to have, the main responsibility (apart from the responsibility of the child’s adopter, or in a case where there two adopters, together with the other adopter) for the upbringing of the child.

(2) For the purposes of paragraph (1), “partner” means a person (whether of a different sex or the same sex) who lives with the adopter and the child in an enduring family relationship but is not a relative of the adopter of a kind specified in paragraph [F2(2A)].

[F3(2A) The relatives of the adopter referred to in paragraph (2) are the adopter’s parent, grandparent, sister, brother, aunt or uncle.]

(3) References to relationships in paragraph [F4(2A)]—

(a)are to relationships of the full blood or half blood, or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and

(b)include the relationship of a child with his adoptive, or former adoptive parents but do not include any other adoptive relationships.

Textual Amendments

Notice of entitlement to statutory paternity pay (adoption)E+W+S

F511A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F5 Options in respect of periods of payment of statutory paternity pay (adoption)E+W+S

12.—(1) Within the qualifying period set out in regulation 12A, a person entitled to statutory paternity pay (adoption) may choose a period of payment of statutory paternity pay to begin on—

(a)the date on which the child is placed with the adopter or, where the person is at work on that day, the following day;

(b)the date falling such number of days after the date on which the child is placed with the adopter as the person may specify;

(c)a predetermined date, specified by the person, which is later than the date on which the child is expected to be placed with the adopter.

(2) A person may choose for statutory paternity pay (adoption) to be paid in respect of—

(a)a single period of either one week or two weeks, or

(b)two non-consecutive periods of a week each.

Textual Amendments

Qualifying period for statutory paternity pay (adoption)E+W+S

12A.  Subject to regulation 16A, the qualifying period for the purposes of section 171ZE(3) of the Act (period within which a period of payment of statutory paternity pay must occur) is a period of 52 weeks beginning with the date of the child’s placement for adoption.

Textual Amendments

Notice and evidence requirements for statutory paternity pay (adoption)E+W+S

12B.—(1) A person must provide evidence of entitlement to statutory paternity pay (adoption) by providing in writing to whoever will be liable to pay it—

(a)the information specified in paragraph (2), and

(b)the declarations specified in paragraph (3).

(2) The information referred to in paragraph (1)(a) is as follows—

(a)the name of the person claiming statutory paternity pay (adoption);

(b)the date the adopter was notified of having been matched with the child for the purposes of adoption;

(c)the date on which the child is expected to be placed for adoption or, where the child has already been placed for adoption, the date of placement of the child.

(3) The declarations referred to in paragraph (1)(b) are—

(a)a declaration that the person satisfies the conditions prescribed in regulation 11(1);

(b)a declaration that the person has elected to receive statutory paternity pay (adoption), and not statutory adoption pay under Part 12ZB of the Act;

(c)a declaration that section 171ZE(4) of the Act does not apply.

(4) The information referred to in paragraph (2) and the declarations referred to in sub-paragraphs (a) and (b) of paragraph (3) must be provided—

(a)no more than seven days after the date on which the adopter is notified of having been matched with the child, or

(b)in a case where it was not reasonably practicable for the person to provide it in that period, as soon as is reasonably practicable.

(5) The notice provided for in section 171ZC(1) of the Act (notice to be given stating the week or weeks in respect of which payments are to be made) must be given to whoever will be liable to pay statutory paternity pay (adoption)—

(a)no more than seven days after the date on which the adopter is notified of having been matched with the child, or

(b)in a case where it was not reasonably practicable for the person to provide it in that period, as soon as is reasonably practicable.

(6) The declaration referred to in paragraph (3)(c) must be provided at the same time that the notice is given under paragraph (5).

(7) Where notice has previously been given under paragraph (5) or this paragraph or under regulation 13(2), a notice of variation in writing may be given to the person who will be liable to pay statutory paternity pay which—

(a)cancels the period of payment of statutory paternity pay specified in that notice, or

(b)varies that period by choosing an option under regulation 12.

(8) Where the notice under paragraph (5) specifies a period of two weeks in respect of which statutory paternity pay is to be paid, notice of variation may be given in relation to either one or both of those weeks, regardless of whether those weeks are consecutive or non-consecutive.

(9) A notice of variation under paragraph (7) must be given by whichever is the earlier of at least 28 days before—

(a)the original day or date referred to in paragraph (10)(a), or

(b)the new day or date referred to in paragraph (10)(b),

or, if it is not reasonably practicable to do so, as soon as is reasonably practicable.

(10) For the purposes of—

(a)paragraph (9)(a), where a notice has previously been given under either paragraph (5) or (7), the original day or date is—

(i)the date provided under paragraph (2)(c) above as the date on which the child is expected to be placed for adoption, where the option in regulation 12(1)(a) was chosen in that notice;

(ii)the date falling the specified number of days after the date provided under paragraph (2)(c) above as the date on which the child is expected to be placed for adoption, where the option in regulation 12(1)(b) was chosen in that notice;

(iii)the predetermined date specified in that notice, where the option in regulation 12(1)(c) was chosen;

(b)paragraph (9)(b), the new day or date is—

(i)the date provided under paragraph (2)(c) above as the date on which the child is expected to be placed for adoption, where the option in regulation 12(1)(a) is chosen in the notice of variation;

(ii)the date falling the specified number of days after the date provided under paragraph (2)(c) above as the date on which the child is expected to be placed for adoption, where the option in regulation 12(1)(b) is chosen in the notice of variation;

(iii)the predetermined date specified in the notice of variation, where the option in regulation 12(1)(c) is chosen.

(11) The person who is entitled to statutory paternity pay (adoption) must inform the person who is liable to pay it of the date of the child’s placement if—

(a)that person so requests, and

(b)that date has not previously been provided to that person,

within 28 days of the request, or as soon as is reasonably practicable thereafter.]

Textual Amendments

[F5 Additional notice requirements for statutory paternity pay (adoption)E+W+S

13.—(1) Where a person has chosen an option in regulation 12(1)(a) or (b) in a notice of a period of payment of statutory paternity pay, the person must give further notice to the person liable to pay statutory paternity pay, as soon as is reasonably practicable, of the date on which the placement occurred.

(2) In a case where—

(a)a person has chosen the option in regulation 12(1)(c) in a notice of a period of payment of statutory paternity pay, and

(b)the child is placed for adoption later than the date specified in that notice,

the person must vary the date on which the period of payment is to begin by giving notice to the person liable to pay statutory paternity pay (adoption), as soon as is reasonably practicable, that the period in respect of which statutory paternity pay is to be paid will begin on a date different from that originally chosen.

(3) That date may be any date chosen in accordance with paragraph (1) of regulation 12.

(4) Where a notice is given under regulation 12B(7) or paragraph (2) above which varies the dates of a period of payment, a declaration under regulation 12B(3)(c) in relation to that period must be given at the same time as that notice.

(5) Paragraph (2) does not apply in circumstances where regulation 16A(5) applies.]

Textual Amendments

Qualifying period for statutory paternity pay (adoption)E+W+S

F514.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Evidence of entitlement for statutory paternity pay (adoption)E+W+S

F515.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Entitlement to statutory paternity pay (adoption) where there is more than one employerE+W+S

16.  Statutory paternity pay (adoption) shall be payable to a person in respect of a statutory pay week during any part of which he works only for an employer—

(a)who is not liable to pay him statutory paternity pay (adoption); and

(b)for whom he has worked in the week in which the adopter is notified of being matched with the child.