{
  "url": "https://openlegislation.uk/draft-additional-statutory-paternity-pay-adoptions-from-overseas-regulations-2010/note",
  "json_url": "https://openlegislation.uk/draft-additional-statutory-paternity-pay-adoptions-from-overseas-regulations-2010/note.json",
  "legislation": "ukdsi/2010/9780111493670",
  "legislation_title": "The Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations 2010",
  "legislation_url": "https://openlegislation.uk/draft-additional-statutory-paternity-pay-adoptions-from-overseas-regulations-2010",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations, made under provisions inserted into the Social Security Contributions and Benefits Act 1992 (c. 4) (“the 1992 Act”) by the Work and Families Act 2006 (c. 18), make provision relating to additional statutory paternity pay in respect of adoptions from overseas. An adoption from overseas is defined in the Regulations as an adoption of a child who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom.\nThese Regulations should be read in conjunction with the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003 (S.I. 2003/499), which provide for the provisions of Part 12ZA of the 1992 Act to have effect, with prescribed modifications, in relation to cases which involve adoption, but not the placement of a child for adoption under the law of any part of the United Kingdom.\nRegulation 3 sets out the extent to which and the manner in which the Additional Statutory Paternity Pay (General) Regulations 2010 apply to adoptions from overseas.\nRegulation 4 is an application provision: there is an entitlement to additional statutory paternity pay where the relevant provisions of Part 12ZA of the 1992 Act (as modified) and the provisions of the Regulations are satisfied.\nRegulation 5(2) sets out the conditions regarding relationship with a child and the adopter (which where two people are adopting together is the person who will be taking adoption leave in respect of the child) which the applicant for additional statutory paternity pay must satisfy in order for his or her entitlement to arise. Regulation 5(3) sets out the conditions which the applicant must satisfy as regards employment before the expected week of the child’s entry into Great Britain and employment in the period immediately preceding the period in respect of which additional statutory paternity pay will be payable. Regulation 6 sets out conditions which the adopter must satisfy and these include the requirement that he or she has returned to work. Regulation 7 concerns the period in respect of which additional statutory paternity pay is payable. In broad terms (and subject to various conditions set out in regulation 7 and at section 171ZEE of the 1992 Act, as modified), the applicant may choose the dates on which this period is to begin and end. Regulation 8 provides for the process of applying for additional statutory paternity pay and sets out various requirements as to information and evidence which the applicant must provide to his or her employer.\nProvision is also made for the payment of additional statutory paternity pay in connection with the adoption of a child from overseas where the adopter dies. Regulation 7(4) and (5) applies to a case in which the adopter dies after the beginning of the period in respect of which additional statutory paternity pay is payable. It allows for a longer period in many such cases. Regulations 9 and 10 concern cases where the period in respect of which additional statutory paternity pay is payable has not already commenced when the adopter dies. Regulation 9 concerns the various conditions which must be satisfied by the applicant in such circumstances and, also, the different pay period which will invariably apply in such cases.\nRegulation 11 provides for the exceptional circumstances in which additional statutory paternity pay (in connection with the adoption of a child from overseas) will be payable to a person even though he is working, albeit for another employer. Regulation 12 sets out what is meant by an adopter’s “returning to work”.\nA full impact assessment has not been produced for this instrument as a negligible impact on the private or voluntary sectors is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2010/9780111493670/note",
    "retrieved_at": "2026-10-30T14:55:19.822529+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}