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Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Application of Parts XIIZA and XIIZB to Adoptions from Overseas) Regulations (Northern Ireland) 2003

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Regulation 3

SCHEDULE 2APPLICATION OF PART XIIZB OF THE ACT TO ADOPTIONS FROM OVERSEAS

ProvisionModification
Section 167ZL(2)

For “The conditions are” substitute “Subject to subsection (3A), the conditions are”.

In paragraph (a), for “with whom a child is, or is expected to be, placed for adoption under the law of any part of the United Kingdom” substitute “who is, or is expected to be, an adopter of a child from overseas”.

Section 167ZL(3)

For “is notified that he has been matched with the child for the purposes of adoption” substitute “is sent official notification”.

After subsection (3), insert the following subsection –

(3A) Where, at the time that the adopter is sent official notification, he has been in employed earner’s employment with an employer for less than a continuous period of 26 weeks –

(a)subsection (2)(b) shall have effect as if the words “ending with the relevant week” were omitted;

(b)subsection (3) shall have effect as if the words “(2)(b) and” were omitted..

Section 167ZL(4)In paragraph (b), for “placed for adoption with him” substitute “adopted by him”.
Section 167ZL(5)For “the placement, or expected placement, for adoption of more than one child” substitute “the adoption, or expected adoption from overseas of more than one child”.
Section 167ZS(1)

In the appropriate places in the alphabetical order, insert –

“adopter”, in relation to a child, means a person by whom a child has been or is to be adopted;

“adoption from overseas” means the adoption of a child who enters Northern Ireland from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom, and the reference to an adopter from overseas shall be construed accordingly;

“official notification” means written notification, issued by or on behalf of the relevant domestic authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of the child, or has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt and has been assessed and approved as being a suitable adoptive parent;

“relevant domestic authority” means –

(a)

in the case of an adopter to whom the Intercountry Adoption (Hague Convention) Regulations (Northern Ireland) 2003 apply, the Department of Health, Social Services and Public Safety; and

(b)

in any other case, the Secretary of State..

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