C1PART 3ENTITLEMENT TO STATUTORY SHARED PARENTAL PAY (ADOPTION)
Entitlement of adopter to statutory shared parental pay (adoption)17
1
A is entitled to statutory shared parental pay (adoption) if A satisfies the conditions specified in paragraph (2) and AP satisfies the conditions specified in paragraph (3).
2
The conditions referred to in paragraph (1) are that—
a
A satisfies the conditions as to continuity of employment and normal weekly earnings specified in regulation 31 (conditions as to claimant's continuity of employment and normal weekly earnings);
b
A has at the date of C's placement for adoption the main responsibility for the care of C (apart from the responsibility of AP);
c
A has complied with the requirements specified in regulation 19 (notification and evidential requirements);
d
A became entitled to statutory adoption pay by reference to the placement for adoption of C;
e
the adoption pay period that applies as a result of A's entitlement to statutory adoption pay is, and continues to be, reduced under section 171ZN(2A) of the 1992 Act M1;
f
it is A's intention to care for C during each week in respect of which statutory shared parental pay (adoption) is paid to A;
g
A is absent from work during each week in respect of which statutory shared parental pay is paid to A (except in the cases referred to in regulation 27 (entitlement to statutory shared parental pay (adoption): absence from work); and
h
where A is an employee (within the meaning of the Employment Rights Act 1996) A's absence from work as an employee during each week that statutory shared parental pay is paid to A is absence on shared parental leave in respect of C.
3
The conditions referred to in paragraph (1) are that—
a
AP has at the date of C's placement for adoption the main responsibility for the care of C (apart from the responsibility of A); and
b
AP satisfies the employment and earnings conditions in regulation 29 (conditions relating to employment and earnings of claimant's partner).
Pts. 3-5 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014 (S.I. 2014/3093), regs. 1, 3(2)(c), 3(3), 3(4), regs. 4-16