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Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoption from Overseas) Regulations (Northern Ireland) 2003

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Adoption pay period in respect of adoptions from overseas

12.—(1) Subject to notice under section 167ZL(6) of the Act and paragraph (2), a person entitled to statutory adoption pay may choose the adoption pay period to begin –

(a)on the date on which the child enters Northern Ireland or, where the person is at work on that day, on the following day;

(b)on a predetermined date, specified by him, which is no later than 28 days after the date the child enters Northern Ireland.

(2) In a case where statutory adoption pay is payable in respect of a child where the adopter has received official notification before 9th April 2003, the statutory adoption pay period shall begin on a predetermined date, later than the date of entry, specified by the person entitled to such pay in a notice under section 167ZL(6) 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 adoption pay agrees to the period commencing earlier.

(3) Where the choice made is that mentioned in sub-paragraph (b) of paragraph (1), 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 167ZL(6) of the Act has been given.

(4) Subject to regulation 13, the duration of any adoption pay period shall be a continuous period of 26 weeks.

(5) 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 or specifies a different date in relation to the beginning of the statutory adoption pay period, section 167ZL(6) of the Act shall, subject to paragraph (2), apply to it.

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