Statutory Adoption Pay is a benefit paid by your employer if you are adopting a child and are taking time off work as a result. It can be paid to either men or women.Am I entitled to Statutory Adoption Pay?
You are entitled if:
- You are taking time off work, and
- You are not claiming Statutory Paternity Pay, and
- Your partner is not claiming Statutory Adoption Pay, and
- You are adopting a child (you might be adopting a child with your partner. You do not have to be married to your partner. Your partner can be the same sex as you), and
- You are 16 or over, and
- You have worked for your employer continuously for at least 26 weeks, up to and including the week in which you have been matched with a child for adoption, and
- You have been continuously employed between being matched with a child for adoption and the day the child is placed with you, and
- You have also earned, on average, at least as much as the National Insurance Lower Earnings Limit during the 8 weeks up to and including the week in which you or your partner has been matched with a child for adoption.
The National Insurance Lower Earnings Limit is currently £82 (April 2005 - April 2006) per week. This means that you must have earned at least £82 per week in each of the 8 weeks up to and including the week in which you were matched with a child for adoption. You may lose your right to Statutory Adoption Pay if you are on reduced hours or on sick pay during the eight weeks before the week in which you were matched for adoption.
Not all people are entitled to Statutory Adoption Pay. If your partner is claiming it then you will not be entitled, but you may be entitled to Statutory Paternity Pay.
How do I claim?
Statutory Adoption Pay is paid by your employer. You need to give your employer at least 28 days notice that you want to claim Statutory Adoption Pay. You may be able to give less if, for example, a child has been placed with you for adoption at less than 28 days notice.
You need to give notice to your employer in writing and you should include:
- When you want your Statutory Adoption Pay to be paid from, and
- Documents from the adoption agency that give the agency's name and address, the date that the child is expected to be placed for adoption with you and the date you were told the child would be placed for adoption with you, and
- A statement signed by you saying that you are claiming Statutory Adoption Pay and are not claiming Statutory Paternity Pay.
Some Facts about Statutory Adoption Pay
You can start claiming Statutory Adoption Pay from the day your adopted child is placed with you, or up to 14 days before that.
You will get 90% of your average weekly earnings, or £106 a week, whichever is the least out of the two (April 2005 - April 2006 figures).
Some employers may offer to pay you more than the amount of Statutory Adoption Pay that the government says they have to, but they cannot pay you less.
Statutory Adoption Pay is paid for up to 26 weeks but you do not have to claim as long as this. You can go back to work before the end of the 26 weeks and stop your claim.
Statutory Adoption Pay is normally paid to you in the same way as your wages.
Need more help? Live in Manchester? Send us an email or book an appointment with the Online Adviser
Information on other websites
Department for Work and Pensions
Government information on Statutory Adoption Pay
Department of Trade and Industry
Government information on rights to leave, pay or flexible working for working parents. Interactive guidance is also available at www.tiger.gov.uk
WorkSMART
Information from the Trades Union Council about maternity leave and maternity pay.
Adviceguide
Information from Citizen's Advice on Benefits for families and children
Working Families
Includes links to factsheets on a range of rights for working families
Directgov
Information and links about support for adoptive families and foster care
Need more help? Live in Manchester? Send us an email
Information Provider:
Manchester Advice
Date Reviewed:
25 January 2006
This information is for guidance only and is not an authoritative statement on the law. Please read our Terms and Conditions.
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