The Adoption and Children Act 2002 (Consequential Amendment to Statutory Adoption Pay) Order 2006

• Citation: S.I. 2006/2012
• Sections: 3

Section 1 Citation and commencement

This Order may be cited as the Adoption and Children Act 2002 (Consequential Amendment to Statutory Adoption Pay) Order 2006 and shall come into force on 1st October 2006.

Section 2 Application

(1) The amendment to the Social Security Contributions and Benefits Act 1992 provided for in this Order shall have effect only in relation to a person with whom a child is expected to be placed for adoption, where the placement is expected to occur on or after 1st October 2006.

(2) For the purposes of paragraph (1), the date on which the child is actually placed for adoption is immaterial.

Section 3 Social Security Contributions and Benefits Act 1992

Section 171ZL of the Social Security Contributions and Benefits Act 1992 is amended as follows—

(a) in subsection (4) for paragraph (b) substitute—

(b) he falls within subsection (4A).

(b) after subsection (4) insert—

(4A) A person falls within this subsection if—

(a) the child is, or is expected to be, placed for adoption with him as a member of a couple;

(b) the other member of the couple is a person to whom the conditions in subsection (2) above apply; and

(c) the other member of the couple has elected to receive statutory adoption pay.

(4B) For the purposes of subsection (4A), a person is a member of a couple if—

(a) in the case of an adoption or expected adoption under the law of England and Wales, he is a member of a couple within the meaning of section 144(4) of the Adoption and Children Act 2002 ;

(b) in the case of an adoption or an expected adoption under the law of Scotland or of Northern Ireland, he is a member of a married couple.