Regulation 11 Conditions of entitlement to statutory paternity pay (adoption): relationship with child and with person with whom the child is placed for adoption
England, Wales and Scotland
The conditions prescribed under section 171ZB(2)(a) of the Act are that a person—
is married to F1, the civil partner or the partner of a child’s adopter (or in a case where there are two adopters, married to , the civil partner or the partner of the other adopter), and
has, or expects to have, the main responsibility (apart from the responsibility of the child’s adopter, or in a case where there two adopters, together with the other adopter) for the upbringing of the child.
For the purposes of paragraph (1), “partner” means a person (whether of a different sex or the same sex) who lives with the adopter and the child in an enduring family relationship but is not a relative of the adopter of a kind specified in paragraph F2(2A).
The relatives of the adopter referred to in paragraph (2) are the adopter’s parent, grandparent, sister, brother, aunt or uncle.
References to relationships in paragraph F4(2A)—
are to relationships of the full blood or half blood, or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and
include the relationship of a child with his adoptive, or former adoptive parents but do not include any other adoptive relationships.
Annotations
Textual amendments
- F1
Words in reg. 11(1)(a) inserted (5.12.2005) by The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005 (S.I. 2005/2114), art. 1, Sch. 17 para. 3
- F2
Word in reg. 11(2) substituted (6.4.2004) by The Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004 (S.I. 2004/488), regs. 1(1), 2(2)(a)
- F3
Reg. 11(2A) inserted (6.4.2004) by The Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004 (S.I. 2004/488), regs. 1(1), 2(2)(b)
- F4
Word in reg. 11(3) substituted (6.4.2004) by The Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004 (S.I. 2004/488), regs. 1(1), 2(2)(c)
Notes on the whole SI
Textual amendments
- F1
Regulations amendment to earlier affecting provisions S.I. 2014/2934, regs. 11, 14 (26.8.2024) by The Statutory Paternity Pay and Statutory Adoption Pay (Parental Orders and Prospective Adopters) (Amendment) Regulations 2024 (S.I. 2024/843), regs. 1(2), 4, 5