20. Statutory adoption pay

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Children's Handbook Scotland | 2022/23

20. Statutory adoption pay

• Who can get statutory adoption pay
• Amount of benefit

You can get statutory adoption pay (SAP) for 39 weeks if you are adopting a child and are earning at least £123 a week from employment. If you are in a couple and you are adopting a child, one can claim SAP and the other may be able to claim statutory paternity pay (SPP) for two weeks. You may also be able to claim statutory shared parental pay (SSPP).

SAP, SPP and SSPP are paid by your employer.

Who can get statutory adoption pay

You can get SAP if:1s171ZL(2)-(4) SSCBA 1992; reg 3(2) SPPSAP(G) Regs

•you are adopting a child; and
•you 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
•your average gross earnings are at least £120 a week; and
•you give your employer the correct notice.

 

1     s171ZL(2)-(4) SSCBA 1992; reg 3(2) SPPSAP(G) Regs »

Amount of benefit

	Weekly rate
First six weeks	90% of average weekly earnings
Remaining 33 weeks	£156.66 (or 90% of earnings if less)

If your partner is adopting a child or if you are jointly adopting a child with your partner, you may be able to get SPP. SPP is either £156.66 or 90 per cent of earnings, whichever is the lower. It is only payable for two weeks. You cannot get both SAP and SPP (see here). You may also be able to get SSPP if your partner is adopting a child or you are jointly adopting a child with your partner. SSPP allows one partner to give up her/his SAP early and the remaining pay to be ‘shared’ with her/his partner. See here for more details.