(This note is not part of the Order)
This Order makes a consequential amendment to the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”) which is necessary following the coming into force of the Adoption and Children Act 2002 (“the 2002 Act”).
Section 171ZL of the 1992 Act is amended to provide that in England and Wales a person may not elect to receive statutory adoption pay where a child is placed or about to be placed with him as a member of a couple and his partner satisfies the entitlement conditions for statutory adoption pay and has elected to receive it. “Couple” is defined in section 144(4) of the 2002 Act as a married couple, two people who are civil partners of each other or two people (whether of different sexes or of the same sex) living as partners in an enduring family relationship.