Regulation 21 Adoption pay period
England, Wales and Scotland
Subject to paragraph (2), a person entitled to statutory adoption pay may choose the adoption pay period to begin—
on the date on which the child is placed with him for adoption or, where he is at work on that day, on the following day;
subject to paragraph (2), on a predetermined date, specified by him, which is no more than 14 days before the date on which the child is expected to be placed with him and no later than that date.
In a case where statutory adoption pay is payable in respect of a child matched with an adopter who is notified of having been matched before 6th April 2003, the statutory adoption pay period shall begin on a predetermined date which is—
on or after 6th April 2003, and
no more than 14 days before the date on which the child is expected to be placed with the adopter.
Subject to paragraph (4), where the choice made is that mentioned in sub-paragraph (b) of paragraph (1) or in a case where paragraph (2) applies, the adoption pay period shall, unless the employer agrees to the adoption pay period beginning earlier, begin no earlier than 28 days after notice under section 171ZL(6) of the Act has been given.
Where the beginning of the adoption pay period determined in accordance with paragraph (3) is later than the date of placement, it shall be the date of placement.
Subject to regulation 22, the duration of any adoption pay period shall be a continuous period of F139 weeks.
A choice made under paragraph (1), or a date specified under paragraph (2), is not irrevocable, but where a person subsequently makes a different choice, section 171ZL(6) of the Act shall apply to it.
Annotations
Textual amendments
- F1
Word in reg. 21(5) substituted (with application in accordance with reg. 2 of the amending S.I.) by The Statutory Paternity Pay and Statutory Adoption Pay (General) and the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) (Amendment) Regulations 2006 (S.I. 2006/2236), regs. 1(1), 4
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