The Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations 2010

Application for, and evidence of entitlement to, additional statutory paternity pay (adoption) in respect of adoptions from overseas in the event of the death of the adopter

10.—(1) P shall apply for additional statutory paternity pay (adoption) to the person (“E”) who will be liable to pay P such pay by—

(a) informing E of the date on which P wishes the additional statutory paternity pay period (adoption) in respect of C to begin or the date (if in the past) on which P wishes such period to have begun;

(b) providing E with the information, in writing, specified in paragraph (2); and

(c) by providing E with a written declaration, signed by P—

(i) that the information referred to in sub-paragraph (b) is correct;

(ii) that P intends to care for C during the additional statutory paternity pay period (adoption) in respect of C; and

(iii) that P meets the conditions in regulation 5(2) (as modified by regulation 9(1)(a)(iii));

(2) The information referred to in paragraph (1)(a) is as follows—

(a) P’s name;

(b) the date the official notification in respect of C sent to A;

(c) the date of C’s entry into Great Britain;

(d) the date on which P expects that E’s liability to pay additional statutory paternity pay (adoption) will end;

(e) A’s name, address, and National Insurance number;

(f) the start date of A’s adoption pay period in respect of C or, in a case where A’s death occurred before A’s adoption pay period in respect of C started, the date that that period would have started but for the fact that A had died; and

(g) the date of A’s death.

(3) P shall also provide, if E so requests within 28 days of receiving the information and declaration referred to in paragraph (1)—

(a) a copy of the official notification in respect of C;

(b) evidence of the date that C entered Great Britain; and

(c) the name and business address of A’s employer (or, if A was self-employed, A’s business address).

(4) Subject to paragraph (5), the information and declaration referred to in paragraph (1) must be provided to E as soon as reasonably practicable after, and in any event within eight weeks of, the date of A’s death.

(5) If provided at least six weeks before the date of which P informs E pursuant to paragraph (1)(a), the information and evidence referred to in paragraph (1)(b) and (c) may be provided more than eight weeks after the date of A’s death.

(6) P must give E what is requested under paragraph (3) within 28 days of E requesting it.

(7) Within eight weeks of the date of A’s death, P may, after applying for additional statutory paternity pay (adoption) under paragraph (1) and by giving E notice in writing, withdraw that application, vary the date (if in the future) on which P wishes the additional statutory paternity pay period (adoption) in respect of C to begin, or (either before or after such period has begun) vary the date on which it is expected that E’s liability to pay additional statutory paternity pay (adoption) will end, with immediate effect.

(8) More than eight weeks after the date of A’s death, P may, after applying for additional statutory paternity pay (adoption) under paragraph (1), withdraw that application, vary the date (if in the future) on which P wishes the additional statutory paternity pay period (adoption) in respect of C to begin, or (before such period has begun), vary the date on which it is expected that E’s liability to pay additional statutory paternity pay (adoption) will end, by notice in writing to E given—

(a) if withdrawing an application, at least six weeks before the date of which P informs E pursuant to paragraph (1)(a), or

(b) if varying the date on which P wishes the additional statutory paternity pay period (adoption) in respect of C to begin, at least six weeks before the earlier of the date varied or the new date, or

(c) if varying the date on which it is expected that E’s liability to pay additional statutory paternity pay (adoption) will end, at least six weeks before the earlier of the date varied or the new date, or

(d) in a case where it was not reasonably practicable to give notice in accordance with sub-paragraph (a), (b) or (c), as soon as is reasonably practicable.

(9) When E has been provided with all of the information and the declaration referred to in paragraph (1) (together with, if applicable, what E has requested under paragraph (3)), E must, within 28 days, confirm the date on which the additional statutory paternity pay period (adoption) in respect of C begins or began and the date on which E’s liability to pay P additional statutory paternity pay (adoption) ends, by notice in writing to P.