OpenLegislation

Regulation 8

Original text. Later amendments are not shown.

(1)

In regulation 19 (notification and evidential requirements relating to the adopter) of the Pay Regulations as they apply to an intended parent or a parental order parent—

(a)

paragraph (1)(b) shall read as if the words “if C is not placed for adoption by that time as soon as reasonably practicable after the placement of C ” were “if C is not born by that time as soon as reasonably practicable after the birth of C”;

(b)

in paragraph (3)—

(i)

sub-paragraph (b) shall read as if the words in that sub-paragraph were “the expected week of birth of C”;

(ii)

sub-paragraph (c) shall read as if the words in that sub-paragraph were “C’s date of birth”;

(iii)

that paragraph shall apply as if there were also specified a parental statutory declaration by A unless the condition in paragraph (2)(a) or (b) of this regulation is satisfied;

(c)

paragraph (4) shall apply as if—

(i)

sub-paragraph (a) were omitted;

(ii)

there were also specified a copy of C’s birth certificate or, if one has not been issued, a written declaration signed by A which states that it has not been issued;

(iii)

where A has not provided a parental statutory declaration as a result of the condition in paragraph (2)(a) of this regulation being satisfied, there were specified a parental statutory declaration.

(2)

The conditions referred to in paragraph (1)(b)(iii) and (c)(iii) are—

(a)

that A has given the employerf1 who will be liable to pay statutory shared parental pay (adoption) to A a statutory declaration as evidence of A’s entitlement to statutory adoption pay in respect of C in accordance with regulation 24 of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002f2;

(b)

that A is a parental order parent and has given the employer a copy of the order in respect of C made under section 54(1) of the Human Fertilisation and Embryology Act 2008.

Annotations

Footnotes

f1

“employer” is construed in accordance with section 171ZZ4(1) of the Social Security Contributions and Benefits Act 1992.

f2

S.I. 2002/2822; regulation 24 is modified as it applies to intended and parental order parents by S.I. 2014/    ; there are other amendments but none are relevant.