3. Section 171ZL of the Social Security Contributions and Benefits Act 1992 is amended as follows—
(a)in subsection (4) for paragraph (b) substitute—
“(b)he falls within subsection (4A).”;
(b)after subsection (4) insert—
“(4A) A person falls within this subsection if—
(a)the child is, or is expected to be, placed for adoption with him as a member of a couple;
(b)the other member of the couple is a person to whom the conditions in subsection (2) above apply; and
(c)the other member of the couple has elected to receive statutory adoption pay.
(4B) For the purposes of subsection (4A), a person is a member of a couple if—
(a)in the case of an adoption or expected adoption under the law of England and Wales, he is a member of a couple within the meaning of section 144(4) of the Adoption and Children Act 2002(1);
(b)in the case of an adoption or an expected adoption under the law of Scotland or of Northern Ireland, he is a member of a married couple.”.
Section 144(4) was amended by section 79(1) and (12) of the Civil Partnership Act 2004.