The Statutory Paternity Pay and Statutory Adoption Pay (Parental Orders and Prospective Adopters) Regulations (Northern Ireland) 2015

Application of the Pay Regulations to intended parents and parental order parents

20.  In regulation 24 (evidence of entitlement to statutory adoption pay) of the Pay Regulations as they apply to an intended parent or a parental order parent—

(a) in paragraph (1), sub-paragraph (a) shall apply as if that sub-paragraph read—

“(a) a statutory declaration specified in paragraph (2) where the person who will be liable to pay the statutory adoption pay requests it in accordance with paragraph (3); and”;

(b) paragraph (2) shall apply as if that paragraph read—

“(2) The statutory declaration referred to in paragraph (1)(a) is a statutory declaration stating that the person making the declaration—

(a) has applied, or intends to apply, under section 54 of the Human Fertilisation and Embryology Act 2008 with another person for a parental order in respect of the child within the time limit for making such an application; and

(b) expects the court to make a parental order on that application in respect of the child.”;

(c) paragraph (3) shall apply as if that paragraph read—

“(3) The declaration referred to—

(a) in paragraph (1)(a) shall be provided to the person liable to pay statutory adoption pay within 14 days of that person requesting that declaration where the person requests it within 14 days of receiving the notice under section 167ZL(6) of the Act;

(b) in paragraph (1)(b) shall be provided to the person liable to pay statutory adoption pay at least 28 days before the beginning of the adoption pay period, or if that is not reasonably practicable, as soon as reasonably practicable after that date.”.