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HMRC internal manual

Statutory Payments Manual

Change in Circumstances - paying ASPP if the mother/adopter dies before or during the SMP/MA/SAP pay period (Historical Information)

The payment of ASPP cannot normally start until the mother/adopter has returned to work and the child is at least 20 weeks old or for adoption 20 weeks after the child was placed. However, if the mother/adopter dies before the SMP/MA/SAP pay period has begun or during the SMP/MA/SAP pay period and the partner had not started the ASPP pay and leave, then ASPP can start from the date of death of the mother/adopter.

ASPP must end no later than

  • the end of the mother’s/adopter’s SMP/MA/SAP pay period, or
  • earlier if there has been a change of mind, see SPM.

Entitlement

Where the mother/adopter of the child dies before the end of their SMP/MA/SAP pay period but before the start of ASPP period, all the qualifying conditions should be satisfied apart from the mother’s/adopter’s return to work and their signed declaration.

Application

The spouse, partner or civil partner of the mother or the employee who, together with the adopter, was jointly matched with the child, should inform the employer who is liable to pay ASPP, as soon as possible, of the date on which they wish their ASPP pay period to begin (this can be a date in the past but not before the date of the mother’s/adopter’s death). The employer should be informed of this within six weeks of the start date. This does not have to be in writing. The declaration SC10 or equivalent should be given to the employer as soon as possible after the mother’s/adopter’s death. The declaration must be in writing.

But if the employee fails to notify their employer of the start date of their ASPP pay period within eight weeks of the mother’s/adopter’s death, they must do this at least six weeks before the ASPP pay period begins. This does not have to be in writing. The declaration SC10 or equivalent must also be given to the employer within eight weeks after the mother’s death. The declaration must be in writing.

Declaration form SC10 birth and adoption

The declaration SC10 or equivalent should be completed providing the employer with the following information:

  • the employee’s name
  • the child’s expected week of birth or the date they were notified that they had been jointly matched with the child
  • the child’s actual date of birth or the date the child was placed for adoption
  • the date they expect ASPP to end
  • the mother’s/adopter’s name and address and NINO
  • the date the mother’s/adopter’s SMP/MA/SAP period started or where the death occurred before the start date, when it was due to start
  • the date of the mother’s/adopter’s death.

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 child’s father, or if not the child’s father, they were the spouse, partner or civil partner of the mother or they were jointly matched with the child together with their spouse, partner or civil partner
  • they have, or expect to have, the main responsibility for the upbringing of the child.

In birth cases, the employee may also be asked to provide:

  • a copy of the child’s birth certificate, and
  • the name and business address of the mother’s employer or, if self-employed her business address.

In adoption cases, the employee may also be asked to provide in the form of documents issued by the adoption agency showing:

  • the name and address of the agency
  • the date they were notified that they had been matched with the child
  • the date on which the agency expected to place the child with the adopter and the employee, and
  • the name and business address of the adopter’s employer or, if self-employed their business address.

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

Declaration form SC10 adoption from abroad

The declaration must be in writing and should provide the employer with the following information:

  • the employee’s name
  • the date the official notification in respect of the child was sent to the adopter
  • the date the child entered the UK
  • the date they expected ASPP to end
  • the adopter’s name and address and NINO
  • the date the adopter’s SAP period started or where the death occurred before the start date, when it was due to start
  • the date of the adopter’s death.

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 were the spouse, partner or civil partner of the adopter.

The employee may also be asked to provide:

  • a copy of the official notification in respect of the child
  • evidence of the date the child entered the UK, see SPM130500, and
  • the name and business address of the adopter’s employer or, if self-employed their business address.

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