SPM150200 - Additional Statutory Paternity Pay (ASPP) - general information: conditions for entitlement - Historical Information
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