The Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (No. 2) Regulation 2003

General

Citation and commencement

1.  These Regulations may be cited as the Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (No. 2) Regulations 2003 and shall come into force on 30th May 2003.

Interpretation and scope

2.—(1) In these Regulations—

“the Act” means the Social Security Contributions and Benefits Act 1992;

“adopter”, in relation to a child, means a person by whom the child has been or is to be adopted;

“adoption from overseas” means the adoption of a child who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom;

“the Application Regulations” means the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003(1);

“the Board” means the Commissioners of Inland Revenue;

“enter Great Britain” means enter Great Britain from outside the United Kingdom in connection with or for the purposes of adoption, and cognate expressions shall be construed accordingly;

“the General Regulations” means the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002(2);

“official notification” means written notification, issued by or on behalf of the relevant domestic authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt, and has been assessed and approved as being a suitable adoptive parent;

“relevant domestic authority” means—

(a)

in the case of an adopter to whom the Intercountry Adoption (Hague Convention) Regulations 2003(3) apply and who is habitually resident in Wales, the National Assembly for Wales;

(b)

in the case of an adopter to whom the Intercountry Adoption (Hague Convention) (Scotland) Regulations(4) apply and who is habitually resident in Scotland, the Scottish Ministers;

(c)

in any other case, the Secretary of State;

“statutory paternity pay (adoption)” means statutory paternity pay payable in accordance with the provisions of Part 12ZA of the Act, as modified by the Application Regulations, where the conditions specified in section 171ZB(2) of the Act, as modified by the Application Regulations, are satisfied.

(2) References in these Regulations to the provisions of Parts 12ZA and 12ZB of the Act are to be construed as references to those provisions as modified by the Application Regulations.

(3) These Regulations apply to statutory paternity pay (adoption) and statutory adoption pay in respect of adoptions from overseas.

Application of the General Regulations to these Regulations

3.—(1) Subject to paragraph (2), the provisions of the General Regulations mentioned in paragraph (3) shall, in so far as they apply to statutory paternity pay (adoption) and statutory adoption pay, apply to adoptions from overseas.

(2) Any references to the provisions of Parts 12ZA or 12ZB of the Act in the regulations of the General Regulations mentioned in paragraph (3) shall be construed as references to those provisions as modified by the Application Regulations.

(3) The provisions of the General Regulations referred to in paragraph (1) are regulations 17 to 19, 26 to 28, 31 to 39, 41 to 47 and, subject to paragraph (4), regulation 40.

(4) In the General Regulations, the provisions of regulation 40 shall apply as if—

(a) in paragraph (2)(b), for “the adopter is notified of being matched with the child for the purposes of adoption” there were substituted “the adopter receives official notification”;

(b) at the end of paragraph (2), there were added ““official notification” has the same meaning as in the Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (No. 2) Regulations 2003”.

Application

4.—(1) Subject to the provisions of Part 12ZA of the Act (statutory paternity pay), the provisions of the General Regulations mentioned in paragraph (3) of regulation 3 and these Regulations, there is entitlement to statutory paternity pay (adoption) in respect of children who enter Great Britain on or after 6th April 2003.

(2) Subject to the provisions of Part 12ZB of the Act (statutory adoption pay), the provisions of the General Regulations mentioned in paragraph (3) of regulation 3 and these Regulations, there is entitlement to statutory adoption pay in respect of children who enter Great Britain on or after 6th April 2003.

(1)

S.I. 2003/499.

(2)

S.I. 2002/2822.

(3)

S.I. 2003/118.

(4)

S.S.I. 2003/19.