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Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002

Consolidated Text As Enacted Cited authorities 54 Cited in Amendments 62 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2002/2822
  • These Regulations may be cited as the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 and shall come into force on 8th December 2002.
    • (1) In these Regulations—a person is matched with a child for adoption when an adoption agency decides that that person would be a suitable adoptive parent for the child;in a case where paragraph (a) applies, a person is notified as having been matched with a child on the date that person receives notification of the agency’s decision, under regulation 33(3) (a) of the Adoption Agencies Regulations 2005, regulation 28(3) of the Adoption Agencies (Wales) Regulations 2005 or regulation 8(5) of the Adoption Agencies (Scotland) Regulations 2009;a person is also matched with a child for adoption when a decision is has been made in accordance with regulation 22A of the Care Planning, Placement and Case Review (England) Regulations 2010 and an adoption agency has identified that person with whom the child is to be placed in accordance with regulation 12B of the Adoption Agencies Regulations 2005.in a case where paragraph (c) applies, a person is notified as having been matched with a child on the date on which that person receives notification in accordance with regulation 12B(2) (a) of the Adoption Agencies Regulations 2005.placed for adoption under the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007; orplaced in accordance with section 22C of the Children Act 1989 with a local authority foster parent who is also a prospective adopter.(4) The reference to “prospective adopter” in paragraph (3) means a person who has been approved as suitable to adopt a child and has been notified of that decision in accordance with regulation 30B(4) of the Adoption Agencies Regulations 2005.born on or after 6th April 2003; orwhose expected week of birth begins on or after that date;matched with a person who is notified of having been matched on or after 6th April 2003; orplaced for adoption on or after that date.matched with a person who is notified of having been matched on or after 6th April 2003; orplaced for adoption on or after that date.
  • The conditions prescribed under section 171ZA(2) (a) of the Act are those prescribed in regulation 4(2) (b) and (c) of the Paternity and Adoption Leave Regulations 2002
  • the person would, but for the date on which the birth occurred, have been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of the child’s birth;
  • his normal weekly earnings for the period of 8 weeks ending with the week immediately preceding the week in which the child is born are not less than the lower earnings limit in force under section 5(1) (a) of the Act immediately before the commencement of the week in which the child is born.
  • in or before the 15th week before the expected week of the child’s birth, or
  • in a case where it was not reasonably practicable for the employee to give the notice in accordance with sub-paragraph (a) , as soon as is reasonably practicable.
    • the date on which the child is born or, where he is at work on that day, the following day;the date falling such number of days after the date on which the child is born as the person may specify;a predetermined date, specified by the person, which is later than the first day of the expected week of the child’s birth.(2) In a case where statutory paternity pay (birth) is payable in respect of a child whose expected week of birth begins before 6th April 2003, the statutory paternity pay period shall begin on a predetermined date, specified by the person entitled to such pay in a notice under section 171ZC(1) of the Act, which is at least 28 days after the date on which that notice was given, unless the person liable to pay statutory paternity pay (birth) agrees to the period beginning earlier.(3) A person may choose for statutory paternity pay (birth) to be paid in respect of a period of a week.

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