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HMRC internal manual

Statutory Payments Manual

From
HM Revenue & Customs
Updated
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Additional Statutory Paternity Pay (ASPP) - general information: notification of the start of ASPP for adoption from abroad

Employee

The employee must apply for ASPP at least eight weeks before they want their ASPP to start. The application must be in writing and made to the employer who is liable to pay the ASPP. The employee can do this by submitting form SC9 or providing the employer with the following information in writing:

  • their name
  • the date the official notification was sent to the adopter
  • the date the child entered the UK
  • the date they expect ASPP to begin
  • the date they expect ASPP to end.

The employee applying for ASPP must also sign a written declaration that:

  • the information provided is correct
  • they intend to care for the child during the ASPP pay period
  • they are the partner of the adopter.

Employer

The employer who is liable to pay the ASPP must also be provided with a written declaration, form SC9 or equivalent, signed by the adopter:

  • that they have notified their employer that they are returning to work
  • that they are entitled to SAP
  • stating their name, address and National Insurance number
  • stating the start date of their adoption pay period
  • stating the date on which they intend to return to work and stop receiving SAP
  • confirming that their partner is the sole applicant for ASPP
  • that they consent to the employer processing the information given in the declaration.

Within 28 days of giving notice, the employee may also be asked to provide:

  • a copy of the official notification which was sent to the adopter
  • evidence of the date when the child entered the UK, see SPM130500 
  • the name and business address of the adopter’s employer.

Regulation 8 of the Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations 2010 - SI 2010/1057

If their employer asks for this information the employee must provide it within 28 days of the employer requesting it.

The employer must confirm the start and end dates of the employee’s ASPP pay period in writing. This must be done within 28 days of receiving the application or the additional information if the employer has requested it.

A person must also inform their employer as soon as possible in cases where at any time:

  • they no longer satisfy the conditions, see SPM150200 
  • they work for an employer who is not liable to pay them ASPP.