Statutory adoption pay, statutory paternity pay and statutory shared parental pay

Statutory adoption pay, statutory paternity pay and statutory shared parental pay

You may be entitled to statutory adoption pay (SAP) if you are adopting or jointly adopting a child, or statutory paternity pay (SPP) if your partner is adopting a child or if you are jointly adopting a child with your partner. If you have a partner, you and/or your partner may be entitled to statutory shared parental pay (SSPP).

If you are jointly adopting a child with your partner, you can choose whether to request SAP or SPP. SAP is payable for 39 weeks, whereas SPP is only payable for two weeks. In this situation, your partner may be able to claim SAP while you claim SPP, or vice versa. However, you cannot both qualify for SAP for the same adoption and you cannot receive SPP for any week in which you are entitled to SAP.1ss171ZB(4) and 171ZL(4) SSCBA 1992 Both men and women can qualify for SAP and SPP (adoption).

SAP and SPP can be paid if a child has been newly placed for adoption by an adoption agency, but not if you adopt a child who is already living with you – eg, if you are a step-parent adopting your stepdaughter or stepson.2ss171ZB(2)(a) and 171ZL(2)(a) SSCBA 1992; reg 2(2) SPPSAP(G) Regs

If you are adopting more than one child at the same time, no additional SAP, SPP or SSPP is payable, unless this happens as part of a different adoption arrangement.3ss171ZB(6), 171ZL(5) and 171ZV SSCBA 1992

 

1     ss171ZB(4) and 171ZL(4) SSCBA 1992 »

2     ss171ZB(2)(a) and 171ZL(2)(a) SSCBA 1992; reg 2(2) SPPSAP(G) Regs »

3     ss171ZB(6), 171ZL(5) and 171ZV SSCBA 1992 »

Statutory adoption pay

SAP can be paid by an employer when an employee is adopting a child. If you qualify, SAP is the minimum to which you are entitled. You may be entitled to a higher amount under your contract and/or conditions of employment.

To get SAP you must:1s171ZL(2)-(4) and (7) SSCBA 1992; regs 3(2), 23 and 24 SPPSAP(G) Regs

•be adopting a child under UK law. See CPAG’s Welfare Benefits and Tax Credits Handbook if you are adopting a child from abroad; and
•have worked for the same employer for 26 weeks ending with the week in which you are told you have been matched with a child for adoption; and
•have average gross earnings of at least £120 (in tax year 2020/21) a week; and
•not be carrying out any work for the employer who is paying you SAP. It does not mean you have given up your job. You are allowed to work for up to 10 ’keeping-in-touch’ days within your SAP period (see below) without affecting your entitlement; and
•give your employer the correct notice. This means notice, usually at least 28 days in advance (in writing if required), of:
◦when you want the SAP to start; and
◦the date you expect the child to be placed with you.

In addition, you must provide:

•a written declaration that you want to claim SAP rather than SPP; and
•documents from the adoption agency giving details of the adoption (matching documents).

The earliest date SAP can start to be paid is normally 14 days before the day you expect the child to be placed with you. The latest is normally the day the placement starts.2Reg 21 SPPSAP(G) Regs Payment can then continue for a maximum of 39 weeks, unless the child:

•returns to the adoption agency after being placed with you; or
•dies after being placed with you for adoption; or
•is not actually placed with you, even though your adoption pay period has already started.

If one of the above situations occurs, the adoption pay period ends eight weeks after the end of the week the child returns or dies, or you are notified that the placement is not going to take place, if this is earlier than SAP would otherwise have ended.3Reg 22 SPPSAP(G) Regs

For the first six weeks, SAP is paid at a weekly rate of 90 per cent of your average earnings and after that at either £151.20 or 90 per cent of average weekly earnings, whichever is the lower amount.4s171ZN(2E) SSCBA 1992

 

1     s171ZL(2)-(4) and (7) SSCBA 1992; regs 3(2), 23 and 24 SPPSAP(G) Regs »

2     Reg 21 SPPSAP(G) Regs »

3     Reg 22 SPPSAP(G) Regs »

4     s171ZN(2E) SSCBA 1992 »

Statutory paternity pay

SPP can be paid by an employer when an employee and/or her/his partner is adopting a child. To get SPP you must:1ss171ZB(2) and (3), 171ZC and 171ZE(4)-(7) SSCBA 1992; reg 11 SPPSAP(G) Regs

•be adopting a child jointly with your partner (or your partner is adopting a child) under UK law. See CPAG’s Welfare Benefits and Tax Credits Handbook if you are adopting a child from abroad; and
•have, or expect to have (along with the adopter or joint adopter), the main responsibility for the upbringing of the child; and
•intend to care for the child or support the person adopting the child while receiving SPP; and
•not have elected to receive SAP; and
•have worked for the same employer for 26 weeks ending with the week in which you are told you have been matched with a child for adoption; and
•have average gross earnings of at least £120 (in tax year 2020/21) a week; and
•not be carrying out any work for the employer who is paying you SPP. It does not mean you have given up your job; and
•give your employer the correct notice (see below).

Within seven days of being notified of the adoption match or, if that is not practicable, as soon as is reasonably practicable after that date,2s171ZC(1) and (2) SSCBA 1992; reg 15 SPPSAP(G) Regs you must tell your employer:

•when you would like your SPP to start; and
•whether you want to get SPP for one week or two; and
•the date you expect the child to be placed for adoption (or the date s/he was placed, if the placement has already happened); and
•the date on which the adopter was notified that the child had been matched with her/him for adoption.

You must also give your employer a declaration, stating that:

•you and your spouse, civil partner or partner are jointly adopting a child, or your spouse, civil partner or partner is adopting a child; and
•you have, or expect to have, the main responsibility for the upbringing of the child (apart from the responsibility of the adopter or co-adopter); and
•while getting SPP, you intend to care for the child or support the child’s adopter; and
•you elect to be paid SPP rather than SAP.

You can use Form SC4 for SPP to provide the above information to your employer. The form is available at gov.uk.

If you give your employer less notice than this, or you do not provide the above information within the time limit, your SPP can begin later, once the necessary time limit for providing the notice or information has passed, provided payment would still fall within the eight-week period in which SPP can be paid.

SPP can normally be paid for a maximum of two consecutive weeks. However, you can choose to receive it for just one week.3s171ZE(2) SSCBA 1992; reg 12(3) SPPSAP(G) Regs It is paid at either £151.20 or 90 per cent of your average weekly earnings, whichever is the lower amount. The earliest date it can be paid is the date of the child’s placement for adoption.4Reg 12(1)(a) SPPSAP(G) Regs The latest is eight weeks after that date.5Reg 14 SPPSAP(G) Regs

 

1     ss171ZB(2) and (3), 171ZC and 171ZE(4)-(7) SSCBA 1992; reg 11 SPPSAP(G) Regs »

2     s171ZC(1) and (2) SSCBA 1992; reg 15 SPPSAP(G) Regs »

3     s171ZE(2) SSCBA 1992; reg 12(3) SPPSAP(G) Regs »

4     Reg 12(1)(a) SPPSAP(G) Regs »

5     Reg 14 SPPSAP(G) Regs »

Statutory shared parental pay

If your partner chooses to end her/his SAP early, you may be able to get SSPP for the weeks your partner has ‘given up’ her/his SAP. For example, if your partner opts to get 19 weeks of SAP, you could potentially get 20 weeks of SSPP. You can also ‘share’ SSPP with your partner. So, if your partner opts to get 19 weeks SAP, you could share the remaining 20 weeks and both, for example, have 10 weeks SSPP each. SSPP can only be paid within one year of the child being placed for adoption.

You are eligible for SSPP if if you are eligible for SAP (see here), or you are eligible for SPP (adoption) (see here) and your partner is eligible for SAP. Your partner must have opted to stop receiving SAP. SSPP is paid at either £151.20 or 90 per cent of your average weekly earnings, whichever is the lower amount.

See CPAG’s Welfare Benefits and Tax Credits Handbook for more information.