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HMRC internal manual

Statutory Payments Manual

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HM Revenue & Customs
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Additional Statutory Paternity Pay (ASPP) - general information: conditions for entitlement

For birth

A person satisfies the conditions for ASPP if

  • they are the child’s father, or if not the child’s father, they are the partner of the mother
  • they have, or expect to have, the main responsibility (apart from the mother) for the upbringing of the child
  • they have been employed long enough, and remain in employment with the same employer into the week before ASPP is to begin
  • they have average weekly earnings at or above the LEL in the relevant period, see SPM171000
  • they intend to care for the child during the ASPP pay period
  • the mother satisfies her conditions, see below
  • the mother has completed and signed her declaration, see SPM150400
  • they have given a completed declaration to their employer, see SPM150400.

Regulation 4 of the Additional Statutory Paternity Pay (General) Regulations 2010 - SI 2010/1056

The child’s mother must have:

  • satisfied the qualifying conditions for entitlement to SMP or Maternity Allowance (MA)
  • taken action to return to work
  • signed the declaration form SC7 or equivalent to confirm they intend to return to work and will stop receiving SMP or MA
  • taken at least 2 weeks off work after the birth
  • at least 2 weeks of her Maternity Pay Period (MPP) or Maternity Allowance Period (MAP) remaining.

Regulation 6 of the Additional Statutory Paternity Pay (General) Regulations 2010 - SI 2010/1056

For UK adoption

A person satisfies the conditions for ASPP if

  • they and their partner have been jointly matched with a child for adoption (in Northern Ireland couples have to be married to jointly adopt a child)
  • they have been employed long enough, and remain in the same employment with the same employer into the week before ASPP is to begin, seeSPM250000
  • they have normal weekly earnings at or above the LEL in the relevant period, see SPM171000
  • they intend to care for the child during the ASPP pay period
  • the adopter satisfies their conditions,
  • the adopter has completed and signed their declaration, see SPM150500
  • they have given a completed declaration to their employer, see SPM150500.

Regulation 12 of the Additional Statutory Paternity Pay (General) Regulations 2010 - SI 2010/1056

The child’s adopter must have:

  • satisfied the qualifying conditions for entitlement to SAP
  • taken action to return to work
  • signed the declaration form SC8 or equivalent to confirm they intend to return to work and will stop receiving SAP
  • taken at least 2 weeks off work after the child was placed with them
  • at least 2 weeks of their SAP remaining.

Regulation 13 of the Additional Statutory Paternity Pay (General) Regulations 2010 - SI 2010/1056

For adoption from abroad

Entitlement to ASPP in adoption from abroad cases is the same as UK adoption for children.

A person satisfies the conditions if

  • they are the partner of the adopter, but don’t need to be jointly matched
  • they have, or expect to have, the main responsibility (apart from the adopter) for the upbringing of the child
  • they have been employed long enough, and remain in the same employment with the same employer into the week before ASPP is to begin
  • they have normal weekly earnings at or above the LEL in the relevant period, see SPM171000
  • they intend to care for the child during the ASPP pay period
  • the adopter satisfies their conditions,
  • the adopter has completed and signed their declaration, see SPM150600
  • they have given a completed declaration to their employer, see SPM150600.

Regulation 5 of the Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations 2010 - SI 2010/1057

The child’s adopter must have:

  • satisfied the qualifying conditions for entitlement to SAP
  • taken action to return to work
  • signed the declaration form SC9 or equivalent to confirm they intend to return to work and will stop receiving SAP
  • taken at least 2 weeks off work after the child enters the UK
  • at least 2 weeks of their SAP remaining.

Regulation 6 of the Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations 2010 - SI 2010/1057