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The Ordinary Statutory Paternity Pay (Adoption), Additional Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (Persons Abroad and Mariners) Regulations 2010

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations modify the application of the Statutory Paternity Pay and Statutory Adoption Pay (Persons Abroad and Mariners) Regulations 2002 (SI 2002/2821 as amended by SI 2010/151) (“the Persons Abroad and Mariners Regulations”) in relation to adoptions from overseas.

The Persons Abroad and Mariners Regulations provide for certain special classes of person to benefit from provisions in Parts 12ZA and 12ZB of the Social Security and Contributions Act 1992 relating to ordinary paternity pay, additional paternity pay and statutory adoption pay.

Regulation 4 modifies the application of the Persons Abroad and Mariners Regulations to cater for overseas adoptions. The Persons Abroad and Mariners Regulations refer in several places to a person being “matched” with a child for adoption. The modifications take account of the fact that there is no “matching” in the case of adoptions from overseas, by substituting alternative references and defining a point at which an overseas adopter receives “official notification” of the overseas adoption. Regulation 3 revokes the Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (Persons Abroad and Mariners) Regulations 2003 (S.I. 2003/1193), which are replaced by these Regulations.

The Social Security Advisory Committee has agreed, under section 173(1) of the Social Security Administration Act 1992, that these Regulations need not be referred to it under section 172(1) of that Act.

A full impact assessment has not been produced for this instrument as a negligible impact on the private or voluntary sectors is foreseen.

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