SPM165200 - Statutory Parental Bereavement Pay (SPBP) - general information: conditions for entitlement

To qualify for SPBP an employee or their partner must, at the time of the child’s death or stillbirth be

  • the child’s or baby’s parent - either biological, adoptive or parent of a child born to a surrogate
  • the partner of the child’s or baby’s parent

Biological parents are not eligible once an adoption or parental order has been made unless there was a contact order in place after the adoption

If the employee was not the child’s parent but had day to day responsibility for the child

An employee may be eligible if they or their partner had:

  • the child or baby living with them at their home for 4 continuous weeks, ending with the date of the death, and
  • day to day responsibility for the child or baby’s care during that time

If the employee or their partner was paid to look after the child, they’re not entitled to leave or pay unless they were:

  • a foster parent paid a fee or allowance by a local authority
  • reimbursed for expenses to do with the care of the child or baby
  • getting payments under the terms of a will or trust for the child or baby’s care

An employee is not eligible if one of the child or baby’s parents or someone who had parental responsibility (parental responsibilities in Scotland), for the child was also living in the household.

If the employee was an adoptive parent

If they or their partner was an adoptive parent, an employee is eligible:

  • after the adoption order was granted
  • before the adoption order was made, if the child was placed with them for adoption unless the placement was disrupted (for example, being temporarily placed elsewhere) or stopped

If the employee was an adoptive parent of a child from outside the United Kingdom

If the employee or their partner was adopting a child from outside the United Kingdom and the court order had not yet been made, they may still be eligible. Both of the following must apply:

  • the child was living with them after entering Great Britain
  • they have the ‘official notification’ confirming they were allowed to adopt

If the employee had a baby with the help of a surrogate parent

If they or their partner were a parent of a child born to a surrogate, an employee is eligible:

  • after a parental order was made
  • before a parental order was made if they had applied or intended to apply for a parental order within 6 months of the child’s birth and expected it to be granted

The employee must also:

  • have been continuously employed for at least 26 weeks up to the relevant week (RW). The week (ending Saturday) immediately before the week of the child’s death or stillbirth
  • remain employed by the liable employer up to the date the child dies or is stillborn
  • have AWE of not less than the LEL which applies at the end of the RW
  • provide the correct notice in writing within 28 days of the start of the SPBP period including a declaration that they are eligible because of their relationship with the child or baby

Legislation

Regulations 4, 8 and 12 of the Statutory Parental Bereavement Pay (General) Regulations 2020.