Entitlement to additional statutory paternity pay (adoption) in respect of adoptions from overseas
5. (1) A person (“P”) is entitled to additional statutory paternity pay (adoption) in respect of an adoption from overseas if—
(a)P satisfies the conditions—
(i)as to relationship with a child (“C”) and the child’s adopter (“A”) specified in paragraph (2); and
(ii)as to continuity of employment and normal weekly earnings specified in paragraph (3);
(b)A satisfies the conditions specified in regulation 6;
(c)P intends to care for C during the additional statutory paternity pay period (adoption) in respect of C;
(d)A has signed the declaration referred to in regulation 8(1)(c); and
(e)P has complied with the requirements in regulation 8, including, where applicable, the requirements in regulation 8(3).
(2) The conditions referred to in paragraph (1)(a)(i) are that—
(a)P is married to, or is the civil partner or the partner of, A; and
(b)P has, or expects to have, the main responsibility (apart from any responsibility of A) for the upbringing of C.
(3) The conditions referred to in paragraph (1)(a)(ii) are that—
(a)P has been in employed earner’s employment with an employer for a continuous period of at least 26 weeks prior to the date on which C enters Great Britain;
(b)P’s normal weekly earnings for the period of eight weeks ending with the prescribed week are not less than the lower earnings limit in force under section 5(1)(a) of the Act at the end of the prescribed week; and
(c)P continues in employed earner’s employment with the employer by reference to whom the condition in sub-paragraph (a) above is satisfied for a continuous period beginning with the prescribed week and ending with the week before the additional statutory paternity pay period (adoption) in respect of C begins.
(4) The references in paragraph (3) to the “prescribed week” are to the week in which—
(a)official notification is sent to A; or
(b)P satisfies the condition in paragraph (3)(a) (26 weeks’ continuous employment);
whichever is the later.