The Ordinary Statutory Paternity Pay (Adoption), Additional Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (Persons Abroad and Mariners) Regulations (Northern Ireland) 2010

Application of the Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2002 to adoptions from overseas

4.—(1) The Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations (Northern Ireland) 2002(1) shall have effect in relation to adoptions from overseas with the modifications set out in the following paragraphs.

(2) In regulation 1(2) (interpretation)—

(a) omit the definitions of “additional statutory paternity pay (birth)” and “ordinary statutory paternity pay (birth)”;

(b) for the definition of “adopter”, substitute—

““adopter”, in relation to a child adopted from overseas, means—

(a)

a person by whom the child has been or is to be adopted, or

(b)

in a case where the child has been or is to be adopted by two people jointly, whichever of them has elected to take adoption leave under Article 107A or 107B of the Employment Rights (Northern Ireland) Order 1996(2) in respect of the child;”;

(c) after the definition of “mariner”, insert—

““official notification” means written notification, issued by or on behalf of the relevant central 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;”;

(d) after the definition of “ordinary statutory paternity pay (birth)”, insert—

““relevant central 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(3);

(b)

in any other case, the Secretary of State;”.

(3) For regulation 1(3), substitute—

“(3) References in these Regulations to provisions of Parts 12ZA and 12ZB of the Act are to be construed as references to those provisions as modified by the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations (Northern Ireland) 2003(4).”.

(4) In regulation 5 (entitlement to ordinary statutory paternity pay and additional statutory paternity pay where person has worked in an EEA State)—

(a) omit paragraph (1);

(b) in the first line of paragraph (2), after “and who”, insert “, in the week in which the person receives an official notification or completes 26 weeks’ continuous employment with the person’s employer, whichever is the later”; and

(c) in paragraph (2)(a) omit the words “in the week in which the adopter is notified of being matched with the child for the purposes of adoption”.

(5) In regulation 6 (entitlement to statutory adoption pay where person has worked in an EEA State)—

(a) in the first line, after “and who”, insert “, in the week in which the person receives an official notification or completes 26 weeks’ continuous employment with the person’s employer, whichever is the later”;

(b) in paragraph (a), omit the words “in the week in which he is notified that he has been matched with the child for the purposes of adoption”; and

(c) in the full out, for the word “he”, substitute “the person”.

(1)

S.R. 2002 No. 382 as amended by S.R. 2010 No. 306.

(2)

S.I.. 1996/1919 (N.I. 16). Articles 107A and 107B were inserted by Article 3 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)).

(3)

S.R. 2003 No. 16.

(4)

S.R. 2003 No. 221 as amended by S.R. 2010 No. 305.