The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002

• (a) in relation to P’s entitlement to statutory paternity pay (birth), the week immediately preceding the 14th week before the expected week of the child’s birth, or

• (b) in relation to P’s entitlement to statutory paternity pay (adoption), the week in which P is notified that P has been matched with the child for the purposes of adoption.

• (2) For the purpose of determining whether P’s employment amounts to a continuous period of at least 26 weeks (see sections 171ZA(2)(b) and 171ZL(2)(b) of the Act) , the first of those 26 weeks is a period commencing on the first day of P’s employment with the employer (“the start date”) and ending at midnight on—

• (a) the first Saturday after the start date, or

• (b) where the start date is a Saturday, that day.

Change of employer

Reinstatement after service with the armed forces etc.

Treatment of two or more employers or two or more contracts of service as one

Meaning of “earnings”

Normal weekly earnings

Payment of statutory paternity pay and statutory adoption pay

Time when statutory paternity pay and statutory adoption pay are to be paid

Liability of the Board to pay statutory paternity or statutory adoption pay in cases of legal custody or imprisonment

Payments by the Board

Persons unable to act

Service of notices by post

Options in respect of periods of payment of statutory paternity pay (birth)

6A

Subject to regulation 16A, the qualifying period for the purposes of section 171ZE(3) of the Act (period within which a period of payment of statutory paternity pay must occur) is a period which begins on the date of the child’s birth and ends—

• (a) except in the case referred to in sub-paragraph (b), 52 weeks after that date, or

• (b) in a case where the child is born before the first day of the expected week of its birth, 52 weeks after that day.

Notice and evidence requirements for statutory paternity pay (birth)

6B

• (1) A person must provide evidence of entitlement to statutory paternity pay (birth) by providing in writing to whoever will be liable to pay it—

• (a) the information specified in paragraph (2), and

• (b) the declarations specified in paragraph (3).

• (2) The information referred to in paragraph (1)(a) is as follows—

• (a) the name of the person claiming statutory paternity pay (birth);

• (b) the expected week of the child’s birth.

• (3) The declarations referred to in paragraph (1)(b) are—

• (a) a declaration that the person satisfies the conditions prescribed in regulation 4, and

• (b) a declaration that section 171ZE(4) of the Act does not apply.

• (4) The information referred to in paragraph (2) and the declaration referred to in paragraph (3)(a) must be provided—

• (a) in or before the 15th week before the expected week of the child’s birth, or

• (b) in a case where it was not reasonably practicable for the person to provide it in that period, as soon as is reasonably practicable.

• (5) The notice provided for in section 171ZC(1) of the Act (notice to be given stating the week or weeks in respect of which payments are to be made) must be given to whoever will be liable to pay statutory paternity pay (birth) at least 28 days before—

• (a) the first day of the expected week of the child’s birth, where the option in regulation 6(1)(a) is chosen;

• (b) the date falling the specified number of days after the first day of the expected week of the child’s birth, where the option in regulation 6(1)(b) is chosen;

• (c) the predetermined date, where the option in regulation 6(1)(c) is chosen;

or, if it is not reasonably practicable to do so, as soon as is reasonably practicable.

• (6) On each occasion that a notice is given under paragraph (5), the declaration referred to in paragraph (3)(b) must be provided at the same time.

• (7) Where a notice has previously been given under paragraph (5) or this paragraph, or under regulation 7(2), a notice of variation in writing may be given to the person who will be liable to pay statutory paternity pay which—

• (a) cancels the period of payment of statutory paternity pay specified in that notice, or

• (b) varies that period by choosing an option under regulation 6.

• (8) Where the notice under paragraph (5) specifies a period of two weeks in respect of which statutory paternity pay is to be paid, notice of variation may be given in relation to either one or both of those weeks, regardless of whether those weeks are consecutive or non-consecutive.

• (9) A notice of variation under paragraph (7) must be given by whichever is the earlier of at least 28 days before—

• (a) the original day or date referred to in paragraph (10)(a), or

• (b) the new day or date referred to in paragraph (10)(b),

or, if it is not reasonably practicable to do so, as soon as is reasonably practicable.

• (10) For the purposes of—

• (a) paragraph (9)(a), where a notice has previously been given under either paragraph (5) or (7), the original day or date is—

• (i) the first day of the expected week of the child’s birth, where the option in regulation 6(1)(a) was chosen in that notice;

• (ii) the specified number of days after the first day of the expected week of the child’s birth, where the option in regulation 6(1)(b) was chosen in that notice;

• (iii) the predetermined date specified in that notice, where the option in regulation 6(1)(c) was chosen;

• (b) paragraph (9)(b), the new day or date is—

• (i) the first day of the expected week of the child’s birth, where the option in regulation 6(1)(a) is chosen in the notice of variation;

• (ii) the date falling the specified number of days after the first day of the expected week of the child’s birth, where the option in regulation 6(1)(b) is chosen in the notice of variation;

• (iii) the predetermined date specified in that notice, where the option in regulation 6(1)(c) is chosen in the notice of variation.

• (11) The person who is entitled to statutory paternity pay (birth) must inform the person who is liable to pay it of the date of the child’s birth if—

• (a) that person so requests, and

• (b) that date has not previously been provided to that person,

within 28 days of the request, or as soon as is reasonably practicable thereafter.

Additional notice requirements for statutory paternity pay (birth)

Qualifying period for statutory paternity pay (birth)

Evidence of entitlement to statutory paternity pay (birth)

Entitlement to statutory paternity pay (birth) where there is more than one employer

Options in respect of periods of payment of statutory paternity pay (adoption)

12A

Subject to regulation 16A, the qualifying period for the purposes of section 171ZE(3) of the Act (period within which a period of payment of statutory paternity pay must occur) is a period of 52 weeks beginning with the date of the child’s placement for adoption.

Notice and evidence requirements for statutory paternity pay (adoption)

12B

• (1) A person must provide evidence of entitlement to statutory paternity pay (adoption) by providing in writing to whoever will be liable to pay it—

• (a) the information specified in paragraph (2), and

• (b) the declarations specified in paragraph (3).

• (2) The information referred to in paragraph (1)(a) is as follows—

• (a) the name of the person claiming statutory paternity pay (adoption);

• (b) the date the adopter was notified of having been matched with the child for the purposes of adoption;

• (c) 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.

• (3) The declarations referred to in paragraph (1)(b) are—

• (a) a declaration that the person satisfies the conditions prescribed in regulation 11(1);

• (b) a declaration that the person has elected to receive statutory paternity pay (adoption), and not statutory adoption pay under Part 12ZB of the Act;

• (c) a declaration that section 171ZE(4) of the Act does not apply.

• (4) The information referred to in paragraph (2) and the declarations referred to in sub-paragraphs (a) and (b) of paragraph (3) must be provided—

• (a) no more than seven days after the date on which the adopter is notified of having been matched with the child, or

• (b) in a case where it was not reasonably practicable for the person to provide it in that period, as soon as is reasonably practicable.

• (5) The notice provided for in section 171ZC(1) of the Act (notice to be given stating the week or weeks in respect of which payments are to be made) must be given to whoever will be liable to pay statutory paternity pay (adoption)—

• (a) no more than seven days after the date on which the adopter is notified of having been matched with the child, or

• (b) in a case where it was not reasonably practicable for the person to provide it in that period, as soon as is reasonably practicable.

• (6) The declaration referred to in paragraph (3)(c) must be provided at the same time that the notice is given under paragraph (5).

• (7) Where notice has previously been given under paragraph (5) or this paragraph or under regulation 13(2), a notice of variation in writing may be given to the person who will be liable to pay statutory paternity pay which—

• (a) cancels the period of payment of statutory paternity pay specified in that notice, or

• (b) varies that period by choosing an option under regulation 12.

• (8) Where the notice under paragraph (5) specifies a period of two weeks in respect of which statutory paternity pay is to be paid, notice of variation may be given in relation to either one or both of those weeks, regardless of whether those weeks are consecutive or non-consecutive.

• (9) A notice of variation under paragraph (7) must be given by whichever is the earlier of at least 28 days before—

• (a) the original day or date referred to in paragraph (10)(a), or

• (b) the new day or date referred to in paragraph (10)(b),

or, if it is not reasonably practicable to do so, as soon as is reasonably practicable.

• (10) For the purposes of—

• (a) paragraph (9)(a), where a notice has previously been given under either paragraph (5) or (7), the original day or date is—

• (i) the date provided under paragraph (2)(c) above as the date on which the child is expected to be placed for adoption, where the option in regulation 12(1)(a) was chosen in that notice;

• (ii) the date falling the specified number of days after the date provided under paragraph (2)(c) above as the date on which the child is expected to be placed for adoption, where the option in regulation 12(1)(b) was chosen in that notice;

• (iii) the predetermined date specified in that notice, where the option in regulation 12(1)(c) was chosen;

• (b) paragraph (9)(b), the new day or date is—

• (i) the date provided under paragraph (2)(c) above as the date on which the child is expected to be placed for adoption, where the option in regulation 12(1)(a) is chosen in the notice of variation;

• (ii) the date falling the specified number of days after the date provided under paragraph (2)(c) above as the date on which the child is expected to be placed for adoption, where the option in regulation 12(1)(b) is chosen in the notice of variation;

• (iii) the predetermined date specified in the notice of variation, where the option in regulation 12(1)(c) is chosen.

• (11) The person who is entitled to statutory paternity pay (adoption) must inform the person who is liable to pay it of the date of the child’s placement if—

• (a) that person so requests, and

• (b) that date has not previously been provided to that person,

within 28 days of the request, or as soon as is reasonably practicable thereafter.

Additional notice requirements for statutory paternity pay (adoption)

Qualifying period for statutory paternity pay (adoption)

Evidence of entitlement for statutory paternity pay (adoption)

Entitlement to statutory paternity pay (adoption) where there is more than one employer

Change in circumstances

16A

• (1) This regulation applies where a person is otherwise entitled to statutory paternity pay in respect of a child but a relevant event, as specified in paragraph (2), occurs.

• (2) A relevant event as referred to in paragraph (1) occurs when—

• (a) the person is notified that the child will no longer be placed with the person with whom the child was to be placed for adoption, or

• (b) the child—

• (i) dies, or

• (ii) is returned after being placed for adoption.

• (3) In a case where this regulation applies, the qualifying period for the purposes of section 171ZE(3) of the Act (period within which a period of payment of statutory paternity pay must occur) ends after the end of a period of eight weeks following the end of the relevant week specified in paragraph (4), except in the circumstances mentioned in paragraph (5).

• (4) The relevant week referred to in paragraph (3) is—

• (a) in a case falling within paragraph (2)(a), the week during which the person with whom the child was to be placed for adoption is notified that the placement will not be made;

• (b) in a case falling within paragraph (2)(b)(i), the week during which the child dies;

• (c) in a case falling within paragraph (2)(b)(ii), the week during which the child is returned.

• (5) Where the person has complied with the requirements in regulation 6B (notice and evidential requirements for statutory paternity pay (birth)) or regulation 12B (notice and evidential requirements for statutory paternity pay (adoption)), as the case may be, the person will remain entitled to payment in respect of any period of payment which has been specified in a notice given, before the day on which the relevant event occurs, under whichever of those regulations is relevant.

• (6) Where paragraph (5) applies, no further notices may be served under regulation 6B or 12B other than a notice to cancel a period of payment specified in a notice already given under regulations 6B, 7, 12B or 13.

• (7) In this regulation—

• (a) “week” means the period of seven days beginning with Sunday;

• (b) references to the death of a child are to be read, in relation to a child stillborn after twenty-four weeks of pregnancy, as references to the birth of the child.

Work during a period of payment of statutory paternity pay

Cases where there is no liability to pay statutory paternity pay

Statutory paternity pay and contractual remuneration

Avoidance of liability for statutory paternity pay