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 •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 £123 (in tax year 2022/23) 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 .
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 £156.66 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