# The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002, Regulation 12B: Notice and evidence requirements for statutory paternity pay (adoption)


(1) A person must provide evidence of entitlement to statutory paternity pay (adoption) by providing in writing to whoever will be liable to pay it—
(a) the information specified in paragraph (2), and
(b) the declarations specified in paragraph (3).
(2) The information referred to in paragraph (1)(a) is as follows—
(a) the name of the person claiming statutory paternity pay (adoption);
(b) the date the adopter was notified of having been matched with the child for the purposes of adoption;
(c) the date on which the child is expected to be placed for adoption or, where the child has already been placed for adoption, the date of placement of the child.
(3) The declarations referred to in paragraph (1)(b) are—
(a) a declaration that the person satisfies the conditions prescribed in regulation 11(1);
(b) a declaration that the person has elected to receive statutory paternity pay (adoption), and not statutory adoption pay under Part 12ZB of the Act;
(c) a declaration that section 171ZE(4) of the Act does not apply.
(4) The information referred to in paragraph (2) and the declarations referred to in sub-paragraphs (a) and (b) of paragraph (3) must be provided—
(a) no more than seven days after the date on which the adopter is notified of having been matched with the child, or
(b) in a case where it was not reasonably practicable for the person to provide it in that period, as soon as is reasonably practicable.
(5) The notice provided for in section 171ZC(1) of the Act (notice to be given stating the week or weeks in respect of which payments are to be made) must be given to whoever will be liable to pay statutory paternity pay (adoption)—
(a) no more than seven days after the date on which the adopter is notified of having been matched with the child, or
(b) in a case where it was not reasonably practicable for the person to provide it in that period, as soon as is reasonably practicable.
(6) The declaration referred to in paragraph (3)(c) must be provided at the same time that the notice is given under paragraph (5).
(7) Where notice has previously been given under paragraph (5) or this paragraph or under regulation 13(2), a notice of variation in writing may be given to the person who will be liable to pay statutory paternity pay which—
(a) cancels the period of payment of statutory paternity pay specified in that notice, or
(b) varies that period by choosing an option under regulation 12.
(8) Where the notice under paragraph (5) specifies a period of two weeks in respect of which statutory paternity pay is to be paid, notice of variation may be given in relation to either one or both of those weeks, regardless of whether those weeks are consecutive or non-consecutive.
(9) A notice of variation under paragraph (7) must be given by whichever is the earlier of at least 28 days before—
(a) the original day or date referred to in paragraph (10)(a), or
(b) the new day or date referred to in paragraph (10)(b),
or, if it is not reasonably practicable to do so, as soon as is reasonably practicable.
(10) For the purposes of—
(a) paragraph (9)(a), where a notice has previously been given under either paragraph (5) or (7), the original day or date is—
(i) the date provided under paragraph (2)(c) above as the date on which the child is expected to be placed for adoption, where the option in regulation 12(1)(a) was chosen in that notice;
(ii) the date falling the specified number of days after the date provided under paragraph (2)(c) above as the date on which the child is expected to be placed for adoption, where the option in regulation 12(1)(b) was chosen in that notice;
(iii) the predetermined date specified in that notice, where the option in regulation 12(1)(c) was chosen;
(b) paragraph (9)(b), the new day or date is—
(i) the date provided under paragraph (2)(c) above as the date on which the child is expected to be placed for adoption, where the option in regulation 12(1)(a) is chosen in the notice of variation;
(ii) the date falling the specified number of days after the date provided under paragraph (2)(c) above as the date on which the child is expected to be placed for adoption, where the option in regulation 12(1)(b) is chosen in the notice of variation;
(iii) the predetermined date specified in the notice of variation, where the option in regulation 12(1)(c) is chosen.
(11) The person who is entitled to statutory paternity pay (adoption) must inform the person who is liable to pay it of the date of the child’s placement if—
(a) that person so requests, and
(b) that date has not previously been provided to that person,
within 28 days of the request, or as soon as is reasonably practicable thereafter.

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Source: https://www.legislation.gov.uk/uksi/2002/2822/regulation/12B (the official version)
Page: https://openlegislation.uk/statutory-paternity-pay-and-statutory-adoption-pay-general-regulations-2002/regulation-12B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.