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Statutory Paternity Pay (birth)

Statutory Paternity Pay is a benefit which is paid for a period of up to 2 consecutive weeks to employees whose spouse or partner is having a child.

Providing you qualify, your employer will be obliged to pay you Statutory Sick Pay. Some employers may offer a more generous amount of pay, but Statutory Sick Pay is the minimum amount that the law requires an employer to pay – so if they do, they are breaking the law!


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Do I qualify?

You will qualify for Statutory Paternity Pay if:

  • You are aged 16 or over, and;


  • You are employed, and by the time you have reached the 15th week before the baby is due to be born, 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 are the child’s father, and you will have the responsibility for the upbringing of the child, or;


  • If you are not the child’s father, you will still qualify if you are the spouse or partner of the child’s mother, and you will share the main responsibility for the upbringing of the child.



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 expected week of childbirth, and a declaration stating that:

  • You will care for the child or support for the child’s mother while receiving Statutory Paternity Pay, and either;


  • You are the child’s father and will have responsibility for the upbringing of the child, or;


  • You are the spouse or partner of the child’s mother, and that you will share the responsibility for the upbringing of the child.


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?

Although the qualifying rules are different, you may still be able to claim Statutory Paternity Pay, if you are your spouse or partner are adopting a child.

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.

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 and Statutory Paternity Pay), but one person cannot get both for the same adoption.

For more information on Statutory Paternity Pay (adoption), please click here

For more information on Statutory Adoption Pay, please click here