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| STATUTORY INSTRUMENTS |
| The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 |
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Made
Laid before Parliament
Coming into force
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13th November 2002
15th November 2002
8th December 2002
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The Secretary of State, in exercise of the powers conferred on her by sections 171ZA(2)(a), 171ZB(2)(a), 171ZC(3)(a), (c), (d), (f) and (g), 171ZD(2) and (3), 171ZE(2)(a), (b)(i), (3), (7) and (8), 171ZG(3), 171ZJ(1), (3), (4), (7) and (8), 171ZL(8)(b) to (d), (f) and (g), 171ZM(2) and (3), 171ZN(2), (5) and (6), 171ZP(6), 171ZS(1), (3), (4), (7) and (8), and 175(4) of the Social Security Contributions and Benefits Act 1992[1] and section 5(1)(g), (i) and (p) of the Social Security Administration Act 1992[2] and with the concurrence of the Commissioners of Inland Revenue in so far as such concurrence is required, by this instrument, which contains only provision made by virtue of sections 2, 4 and 53 of and paragraphs 8 and 11 of Schedule 7 to the Employment Act 2002 and is made before the end of the period of 6 months from the coming into force of those enactments[3], hereby makes the following Regulations - |
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| PART 1 |
| Introduction |
| 1- |
Citation and commencement |
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These Regulations may be cited as the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 and shall come into force on 8th December 2002. |
| 2- |
Interpretation |
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(1) |
In these Regulations - |
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"the Act" means the Social Security Contributions and Benefits Act 1992; |
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"adopter", in relation to a child, means a person who has been matched with the child for adoption; |
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"adoption agency" has the meaning given, in relation to England and Wales, by section 1(4) of the Adoption Act 1976[4] and in relation to Scotland, by section 1(4) of the Adoption (Scotland) Act 1978[5]; |
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"the Board" means the Commissioners of Inland Revenue; |
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"the Contributions Regulations" means the Social Security (Contributions) Regulations 2001[6]; |
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"expected week", in relation to the birth of a child, means the week, beginning with midnight between Saturday and Sunday, in which it is expected that the child will be born; |
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"statutory paternity pay (adoption)" means statutory paternity pay payable in accordance with the provisions of Part 12ZA of the Act where the conditions specified in section 171ZB(2) of the Act are satisfied; |
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"statutory paternity pay (birth)" means statutory paternity pay payable in accordance with the provisions of Part 12ZA of the Act where the conditions specified in section 171ZA(2) of the Act are satisfied. |
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(2) |
For the purposes of these Regulations - |
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(a) |
a person is matched with a child for adoption when an adoption agency decides that that person would be a suitable adoptive parent for the child, either individually or jointly with another person, and |
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(b) |
a person is notified of having been matched with a child on the date on which he receives notification of the agency's decision, under regulation 11(2) of the Adoption Agencies Regulations 1983[7] or regulation 12(3) of the Adoption Agencies (Scotland) Regulations 1996[8]. |
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(1) |
Subject to the provisions of Part 12ZA of the Act (statutory paternity pay) and of these Regulations, there is entitlement to - |
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(a) |
statutory paternity pay (birth) in respect of children - |
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(i) |
born on or after 6th April 2003; or |
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(ii) |
whose expected week of birth begins on or after that date; |
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(b) |
statutory paternity pay (adoption) in respect of children - |
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(i) |
matched with a person who is notified of having been matched on or after 6th April 2003; or |
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(ii) |
placed for adoption on or after that date. |
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(2) |
Subject to the provisions of Part 12ZB of the Act (statutory adoption pay) and of these Regulations, there is entitlement to statutory adoption pay in respect of children - |
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(a) |
matched with a person who is notified of having been matched on or after 6th April 2003; or |
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(b) |
placed for adoption on or after that date. |
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| PART 2 |
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Statutory paternity pay (birth)
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| 4- |
Conditions of entitlement to statutory paternity pay (birth): relationship with newborn child and child's mother |
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The conditions prescribed under section 171ZA(2)(a) of the Act are those prescribed in regulation 4(2)(b) and (c) of the Paternity and Adoption Leave Regulations 2002[9]. |
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Modification of entitlement conditions: early birth |
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Where a person does not meet the conditions specified in section 171ZA(2)(b) to (d) of the Act because the child's birth occurred earlier than the 14th week before the expected week of the birth, it shall have effect as if, for the conditions there set out, there were substituted the conditions that - |
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(a) |
the person would, but for the date on which the birth occurred, have been in employed earner's employment with an employer for a continuous period of at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of the child's birth; |
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(b) |
his normal weekly earnings for the period of 8 weeks ending with the week immediately preceding the week in which the child is born are not less than the lower earnings limit in force under section 5(1)(a) of the Act immediately before the commencement of the week in which the child is born. |
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(1) |
Subject to paragraph (2) and regulation 8, a person entitled to statutory paternity pay (birth) may choose the statutory paternity pay period to begin on - |
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(a) |
the date on which the child is born or, where he is at work on that day, the following day; |
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(b) |
the date falling such number of days after the date on which the child is born as the person may specify; |
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(c) |
a predetermined date, specified by the person, which is later than the first day of the expected week of the child's birth. |
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(2) |
In a case where statutory paternity pay (birth) is payable in respect of a child whose expected week of birth begins before 6th April 2003, the statutory paternity pay period shall begin on a predetermined date, specified by the person entitled to such pay in a notice under section 171ZC(1) of the Act, which is at least 28 days after the date on which that notice was given, unless the person liable to pay statutory paternity pay (birth) agrees to the period beginning earlier. |
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(3) |
A person may choose for statutory paternity pay (birth) to be paid in respect of a period of a week. |
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(4) |
A choice made in accordance with paragraph (1) or (2) is not irrevocable, but where a person subsequently makes a different choice in relation to the beginning of the statutory pay period, section 171ZC(1) of the Act shall apply to it. |
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(1) |
Where the choice made by a person in accordance with paragraph (1) of regulation 6 and notified in accordance with section 171ZC(1) of the Act is that mentioned in sub-paragraph (a) or (b) of that paragraph, the person shall give further notice to the person liable to pay him statutory paternity pay, as soon as is reasonably practicable after the child's birth, of the date the child was born; |
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(2) |
Where the choice made by a person in accordance with paragraph (1) of regulation 6 and notified in accordance with section 171ZC(1) of the Act is that specified in sub-paragraph (c) of that paragraph, and the date of the child's birth is later than the date so specified, the person shall, if he wishes to claim statutory paternity pay (birth), give notice to the person liable to pay it, as soon as is reasonably practicable, that the period in respect of which statutory paternity pay is to be paid shall begin on a date different from that originally chosen by him. |
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(3) |
That date may be any date chosen in accordance with paragraph (1) of regulation 6. |
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(a) |
except in the case referred to in paragraph (b), 56 days after that date; |
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(b) |
in a case where the child is born before the first day of the expected week of its birth, 56 days after that day. |
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(1) |
A person shall provide evidence of his entitlement to statutory paternity pay (birth) by providing in writing to the person who will be liable to pay him statutory paternity pay (birth) - |
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(a) |
the information specified in paragraph (2); |
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(b) |
a declaration that he meets the conditions prescribed under section 171ZA(2)(a) of the Act and that it is not the case that statutory paternity pay (birth) is not payable to him by virtue of the provisions of section 171ZE(4) of the Act. |
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(2) |
The information referred to in paragraph (1)(a) is as follows - |
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the name of the person claiming statutory paternity pay (birth); |
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the expected week of the child's birth and, where the birth has already occurred, the date of birth; |
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(a) |
the date from which it is expected that the liability to pay statutory paternity pay (birth) will begin; |
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(b) |
whether the period chosen in respect of which statutory paternity pay (birth) is to be payable is a week. |
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(3) |
The information and declaration referred to in paragraph (1) shall be provided at least 28 days before the date mentioned in sub-paragraph (c) of paragraph (2) or, if that is not reasonably practicable, as soon as is reasonably practicable thereafter. |
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(4) |
Where the person who will be liable to pay statutory paternity pay (birth) so requests, the person entitled to it shall inform him of the date of the child's birth within 28 days, or as soon as is reasonably practicable thereafter. |
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| 10- |
Entitlement to statutory paternity pay (birth) where there is more than one employer |
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Statutory paternity pay (birth) shall be payable to a person in respect of a statutory pay week during any part of which he works only for an employer - |
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(a) |
who is not liable to pay him statutory paternity pay (birth); and |
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(b) |
for whom he has worked in the week immediately preceding the 14th week before the expected week of the child's birth. |
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| PART 3 |
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Statutory paternity pay (adoption)
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(1) |
The conditions prescribed under section 171ZB(2)(a) of the Act are that a person - |
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(a) |
is married to or the partner of a child's adopter (or in a case where there are two adopters, married to or the partner of the other adopter), and |
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(b) |
has, or expects to have, the main responsibility (apart from the responsibility of the child's adopter, or in a case where there two adopters, together with the other adopter) for the upbringing of the child. |
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(2) |
For the purposes of paragraph (1), "partner" means a person (whether of a different sex or the same sex) who lives with the adopter and the child in an enduring family relationship but is not a relative of the adopter of a kind specified in paragraph (3). |
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(3) |
References to relationships in paragraph (2) - |
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(a) |
are to relationships of the full blood or half blood, or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and |
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(b) |
include the relationship of a child with his adoptive, or former adoptive parents but do not include any other adoptive relationships. |
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(1) |
Subject to paragraph (2) and regulation 14, a person entitled to statutory paternity pay (adoption) may choose the statutory paternity pay period to begin on - |
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(a) |
the date on which the child is placed with the adopter or, where the person is at work on that day, the following day; |
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(b) |
the date falling such number of days after the date on which the child is placed with the adopter as the person may specify; |
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(c) |
a predetermined date, specified by the person, which is later than the date on which the child is expected to be placed with the adopter. |
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(2) |
In a case where statutory paternity pay (adoption) is payable in respect of a child matched with an adopter who is notified of having been matched before 6th April 2003, the statutory paternity pay period shall begin on a predetermined date, specified by the person entitled to such pay in a notice under section 171ZC(1) of the Act, which is at least 28 days after the date on which that notice was given, unless the person liable to pay statutory paternity pay (birth) agrees to the period beginning earlier. |
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(3) |
A person may choose for statutory paternity pay (adoption) to be paid in respect of a period of a week. |
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(4) |
A choice made in accordance with paragraph (1) is not irrevocable, but where a person subsequently makes a different choice in relation to the beginning of the statutory paternity pay period, section 171ZC(1) of the Act shall apply to it. |
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(1) |
Where the choice made by a person in accordance with paragraph (1) of regulation 12 and notified in accordance with section 171ZC(1) of the Act is that mentioned in sub-paragraph (a) or (b) of that paragraph, the person shall give further notice to the person liable to pay him statutory paternity pay as soon as is reasonably practicable of the date on which the placement occurred. |
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(2) |
Where the choice made by a person in accordance with paragraph (1) of regulation 12 and notified in accordance with section 171ZC(1) of the Act is that mentioned in sub-paragraph (c) of that paragraph, or a date is specified under paragraph (2) of that regulation, and the child is placed for adoption later than the date so specified, the person shall, if he wishes to claim statutory paternity pay (adoption), give notice to the person liable to pay it, as soon as is reasonably practicable, that the period in respect of which statutory paternity pay is to be paid shall begin on a date different from that originally chosen by him. |
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(3) |
That date may be any date chosen in accordance with paragraph (1) of regulation 12. |
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| 14- |
Qualifying period for statutory paternity pay (adoption) |
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The qualifying period for the purposes of section 171ZE(2) of the Act (period within which the statutory pay period must occur) is a period of 56 days beginning with the date of the child's placement for adoption. |
| 15- |
Evidence of entitlement for statutory paternity pay (adoption) |
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(1) |
A person shall provide evidence of his entitlement to statutory paternity pay (adoption) by providing in writing to the person who will be liable to pay him statutory paternity pay (adoption) - |
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(a) |
the information specified in paragraph (2); |
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(b) |
a declaration that he meets the conditions prescribed under section 171ZB(2)(a) of the Act and that it is not the case that statutory paternity pay (adoption) is not payable to him by virtue of the provisions of section 171ZE(4) of the Act; |
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(c) |
a declaration that he has elected to receive statutory paternity pay (adoption), and not statutory adoption pay under Part 12ZB of the Act. |
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(2) |
The information referred to in paragraph (1) is as follows - |
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(a) |
the name of the person claiming statutory paternity pay (adoption); |
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(b) |
the date on which the child is expected to be placed for adoption or, where the child has already been placed for adoption, the date of placement of the child; |
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(c) |
the date from which it is expected that the liability to pay statutory paternity pay (adoption) will begin; |
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(d) |
whether the period chosen in respect of which statutory paternity pay (adoption) is to be payable is a week; |
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(e) |
the date the adopter was notified he had been matched with the child for the purposes of adoption. |
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(3) |
The information and declarations referred to in paragraph (1) shall be provided to the person liable to pay statutory paternity pay at least 28 days before the date mentioned in sub-paragraph (c) of paragraph (2) or, if that is not reasonably practicable, as soon as is reasonably practicable thereafter. |
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(4) |
Where the person who will be liable to pay statutory paternity pay (adoption) so requests, the person entitled to it shall inform him of the date of the child's placement within 28 days, or as soon as is reasonably practicable thereafter. |
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Entitlement to statutory paternity pay (adoption) where there is more than one employer |
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Statutory paternity pay (adoption) shall be payable to a person in respect of a statutory pay week during any part of which he works only for an employer - |
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(a) |
who is not liable to pay him statutory paternity pay (adoption); and |
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(b) |
for whom he has worked in the week in which the adopter is notified of being matched with the child. |
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| PART 4 |
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Statutory paternity pay: provisions applicable to both statutory paternity pay (birth) and
statutory paternity pay (adoption)
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(1) |
Where, in a case where statutory paternity pay is being paid to a person who works during the statutory paternity pay period for an employer who is not liable to pay him statutory paternity pay and who does not fall within paragraph (b) of regulation 10 or, as the case may be, paragraph (b) of regulation 16, there shall be no liability to pay statutory paternity pay in respect of any remaining part of the statutory paternity pay period. |
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(2) |
In a case falling within paragraph (1), the person shall notify the person liable to pay statutory paternity pay within 7 days of the first day during which he works during the statutory pay period. |
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(3) |
The notification mentioned in paragraph (2) shall be in writing, if the person who has been liable to pay statutory paternity pay so requests. |
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