| |
|
|
Statutory Adoption Pay
If you, or your spouse or partner, are adopting a child and you are employed, your employer may be obliged to pay you Statutory Adoption Pay while you take time off work for the adoption.
If you and your partner are jointly adopting a child, you will be able to choose whether to claim Statutory Adoption Pay or Statutory Paternity Pay for adoption. Although the amounts are the same, Statutory Adoption Pay is paid for a period of up to 26 weeks, but Statutory Paternity Pay is only paid for up to two weeks (see the is there anything else I should know? section below).
However, one of you may be able to claim Statutory Adoption Pay, while the other may be able to claim Statutory Paternity Pay (both men and women can qualify for both Statutory Adoption Pay or Statutory Paternity Pay), but one person cannot get both for the same adoption.
|
|
|
Do I qualify?
You will qualify for Statutory Adoption Pay if:
- You are aged 16 or over, and;
- The adoption is being carried out under UK Law, and;
- You are employed, and by the time you have received notification from the adoption agency that you or your spouse or partner have been matched with a child for adoption, you have worked for the same employer for 26 continuous weeks, full-time or part-time, and;
- Your earnings are at least equal to the lower earnings limit for National Insurance Contributions (currently £79.00 a week) and;
- You have, or expect to have, the main responsibility for the upbringing of the child (whether or not you are an adopter). This responsibility may be shared with your partner, and;
- While receiving Statutory Adoption Pay, you intend to care for the child or to support the person adopting the child, and;
- If you are adopting the child together with your spouse or partner, your spouse or partner is not claiming Statutory Adoption Pay, and;
- You do not claim Statutory Paternity Pay as well.
How much will I receive?
If you qualify for Statutory Adoption Pay, you should either receive 90% of your average earnings, or £108.85 a week (whichever is lower).
How do I claim?
You must give your employer at least 28 days notice of the date from which you intend your adoption pay period to start. If your employer requests it, you may have to give your notice in writing.
You must also supply your employer with the following information:
- A written declaration that you want to receive Statutory Adoption Pay rather than Statutory Paternity Pay
- Notice of when you want your Statutory Adoption Pay to start
- The date on which you expect the child to be placed with you for adoption
You will also be required to provide documents from the adoption agency giving:
- It’s name and address and your name and address
- The date on which the child is expected to be placed with you, and
- The date on which it informed you that the child would be placed with you for adoption.
The adoption agency should provide you with a ‘matching certificate’ which should give this information.
Is there anything else I should know?
Some employers may offer a more generous rate of pay, but Statutory Adoption Pay is the minimum amount that the law requires an employer to pay – if they do, they are breaking the law!
If you, or your spouse or partner, are adopting a child, then you may qualify for Statutory Paternity Pay, instead of or in addition to Statutory Adoption Pay – For more information on Statutory Paternity Pay for adoption, please click here.
|
|
