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Statutory Paternity Pay (adoption)
If you, or your spouse or partner, are adopting a child, your employer may be obliged to pay you Statutory Paternity Pay while you take time off work.
If you and your partner are jointly adopting a child, you will be able to choose whether to claim Statutory Paternity Pay or Statutory Adoption Pay. 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.
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Do I qualify?
You will qualify for Statutory Paternity 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 Paternity Pay, you intend to care for the child or to support the person adopting the child, and;
- You do not claim Statutory Adoption Pay as well.
How much will I receive?
If you qualify for Statutory Paternity Pay, you should either receive 90% of your average earnings, or £108.85 a week (whichever is lower).
How do I claim?
In order for you to qualify for Statutory Paternity Pay, you must provide you employer with written notice of when you would like your Statutory Paternity Pay to start, and whether you want to get Statutory Paternity Pay for one week, or two.
You must also provide your employer with written confirmation of the date you expect the child to be placed for adoption, and the date on which either you and/or your partner were notified that the child had been matched for adoption, and a declaration stating that:
- You will care for the child or support for the child’s adopter while receiving Statutory Paternity Pay, and;
- You will have, or expect to have, the main responsibility for the upbringing of the child, or you will share the responsibility for the upbringing of the child with your spouse or partner, and;
- You wish to be paid Statutory Paternity Pay rather than Statutory Adoption Pay.
You must give your employer this information at least 28 days before your paternity pay period is due to start, or as soon as reasonably possible if this is not practicable.
You can use the Statutory Paternity Pay form (SC4) to do this. Your employer should be able to supply you with the form SC4.
Alternatively, you can download the form from the Inland Revenue website by logging on to www.inlandrevenue.gov.uk, or by clicking your mouse on the following link:
Please click here to download the Statutory Paternity Pay claim form (SC4).
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 Adoption Pay, instead of or in addition to Statutory Paternity Pay – For more information on Statutory Adoption Pay, please click here.
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