The Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (Administration) Regulations 2003

Application of the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 to adoptions from overseas

3.—(1) The Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002(1) shall apply in the case of adoptions from overseas with the modifications set out in the following paragraphs of this regulation.

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

(a) in the definition of “adopter”, for the words “with whom the child is matched for adoption” substitute “by whom the child has been or is to be adopted”;

(b) after the definition of “income tax quarter”, insert—

““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;”;

(c) in the definition of “paternity leave”, insert at the end “as modified in its application to adoptions from overseas by the Employment Rights Act 1996 (Application of Section 80B to Adoptions from Overseas) Regulations 2003”; and

(d) after the definition of “paternity pay period” insert—

““relevant domestic authority” means—

(a)

in the case of an adopter to whom the Intercountry Adoption (Hague Convention) Regulations 2003 apply and who is habitually resident in Wales, the National Assembly for Wales;

(b)

in the case of an adopter to whom the Intercountry Adoption (Hague Convention) (Scotland) Regulations 2003 apply and who is habitually resident in Scotland, the Scottish Ministers; and

(c)

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

(3) After regulation 2(2), insert—

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

(4) In regulation 11(3)(b)(ii) (time within which an employer is required to give decision that he has no liability to make payments), for “the end of the seven-day period that starts on the date on which the adopter is notified of having been matched with the child” substitute “the date on which the employee’s evidence was provided, or, where not all of the evidence referred to in paragraph (1) was provided on one date, the date on which the last of the evidence was provided”.

(5) Omit regulation 11(4).

(1)

S.I. 2002/2820.