The Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014

• Citation: S.I. 2014/3093
• Sections: 16

Section 1 Citation and commencement

These Regulations may be cited as the Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014 and come into force on 5th April 2015.

Section 2 Interpretation

In these Regulations—

“ 1992 Act ” means the Social Security Contributions and Benefits Act 1992;

“the Application Regulations ” means the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA, 12ZB and 12ZC to Adoptions from Overseas) Regulations 2003 ;

“the General Regulations ” means the Statutory Shared Parental Pay (General) Regulations 2014 ; and

“statutory shared parental pay (adoption)” means any pay payable in accordance with the provisions of Part 12ZC of the 1992 Act where the conditions in section 171ZV of that Act are satisfied.

Section 3 Application of the General Regulations to adoptions from overseas

(1) The provisions of the General Regulations mentioned in paragraph (2), in so far as they apply to statutory shared parental pay (adoption), apply to adoptions from overseas, subject to paragraphs (3) and (4) and the modifications set out in regulations 4 to 16 below.

(2) The relevant provisions are—

(a) regulation 2;

(b) regulation 3(b);

(c) Parts 3 to 5;

(d) Part 2 of the Schedule.

(3) Any references in the provisions of the General Regulations mentioned in paragraph (2) to the provisions of Part 12ZC of the 1992 Act must be construed as references to the provisions of Part 12ZC as modified by the Application Regulations.

(4) Any references in the provisions of the General Regulations mentioned in paragraph (2) to other provisions of the General Regulations must be construed as references to those provisions as modified by these Regulations.

Section 4 Modifications to the General Regulations for the purposes of adoptions from overseas

The General Regulations are modified as follows.

Section 5 Modifications to the General Regulations for the purposes of adoptions from overseas

(1) Regulation 2 (definitions) is modified as follows.

(2) In paragraph (1)—

(a) for the definition of “A” substitute—

“A”, in relation to C, means the person by whom C has been or is to be adopted;

(b) insert the following definitions in the appropriate places alphabetically—

“enter Great Britain” means enter Great Britain from outside the United Kingdom in connection with or for the purposes of adoption;

“official notification” means written notification, issued by or on behalf of the relevant central authority, that it is prepared to issue a certificate to the overseas authority concerned with the adoption of C, or that it has issued a certificate and sent it to that authority, confirming, in either case, that A is eligible to adopt, and has been assessed and approved as being a suitable adoptive parent;

“relevant central authority” means—

in the case of an adopter to whom Part 3 of the Adoptions with a Foreign Element Regulations 2005 applies and who is habitually resident in Wales, the Welsh Ministers;

in the case of an adopter to whom the Adoptions with a Foreign Element (Scotland) Regulations 2009 apply and who is habitually resident in Scotland, the Scottish Ministers; and

in any other case, the Secretary of State.

Section 6 Modifications to the General Regulations for the purposes of adoptions from overseas

In regulation 3 (application), for paragraph (b) substitute—

(b) statutory shared parental pay (adoption) in respect of children who enter Great Britain on or after 5th April 2015.

Section 7 Modifications to the General Regulations for the purposes of adoptions from overseas

(1) Regulation 17 (entitlement of adopter to statutory shared parental pay (adoption)) is modified as follows.

(2) In paragraphs (2)(b) and (3)(a) for “date of C’s placement for adoption” substitute “date C enters Great Britain”.

(3) In paragraph (2)(d) for “the placement for adoption of C” substitute “the adoption of C”.

Section 8 Modifications to the General Regulations for the purposes of adoptions from overseas

(1) Regulation 18 (entitlement of partner to statutory shared parental pay (adoption)) is modified as follows.

(2) In paragraphs (2)(b) and (3)(a) for “date of C’s placement for adoption” substitute “date C enters Great Britain”.

(3) In paragraph 3(c) for “the placement for adoption of C” substitute “the adoption of C”.

Section 9 Modifications to the General Regulations for the purposes of adoptions from overseas

(1) Regulation 19 (notification and evidential requirements relating to the adopter) is modified as follows.

(2) In paragraph (1)(b)—

(a) for “if C is not placed for adoption by that time” substitute “if C has not entered Great Britain by that time”;

(b) for “placement of C” substitute “date of C’s entry into Great Britain”.

(3) In paragraph (3)(b) for “A was notified that A had been matched with C” substitute “A received the official notification”.

(4) In paragraph (3)(c) for “date of C’s placement for adoption” substitute “date of C’s entry into Great Britain”.

(5) For paragraph (4)(a) substitute—

(a) the date on which A expects C to enter Great Britain; and

Section 10 Modifications to the General Regulations for the purposes of adoptions from overseas

(1) Regulation 20 (notification and evidential requirements relating to the partner) is modified as follows.

(2) In paragraph (1)(b)—

(a) for “if C is not placed for adoption by that time” substitute “if C has not entered Great Britain by that time”;

(b) for “placement of C” substitute “date of C’s entry into Great Britain”.

(3) In paragraph (3)(b) for “A was notified that A had been matched with C” substitute “A received the official notification”.

(4) In paragraph (3)(c) for “date of C’s placement for adoption” substitute “date of C’s entry into Great Britain”.

(5) For paragraph (4)(a) substitute—

(a) the date on which A expects C to enter Great Britain; and

Section 11 Modifications to the General Regulations for the purposes of adoptions from overseas

In regulation 23 (period of payment of statutory shared parental pay), in paragraph (1), for “C was placed for adoption (or where more than one child is placed for adoption as a result of the same arrangement, the date of placement of the first child to be placed as part of the arrangement)” substitute “C entered Great Britain (or where more than one child is adopted as a result of the same arrangement, the date on which the first child entered Great Britain)”.

Section 12 Modifications to the General Regulations for the purposes of adoptions from overseas

In regulation 24 (work during a period of statutory shared parental pay), in paragraph (1)(a)(ii), for “immediately preceding the 14th week before the expected week of the placement for adoption” substitute “in which A received the official notification”.

Section 13 Modifications to the General Regulations for the purposes of adoptions from overseas

In regulation 29 (conditions relating to employment and earnings of claimant’s partner), in paragraph (5), for the definition of “calculation week” substitute—

“calculation week” means the week in which A received the official notification;

Section 14 Modifications to the General Regulations for the purposes of adoptions from overseas

In regulation 31 (conditions as to continuity of employment and earnings), in paragraph (2), for “A was notified of having been matched with C” substitute “A received the official notification”.

Section 15 Modifications to the General Regulations for the purposes of adoptions from overseas

In regulation 32 (normal weekly earnings of a claimant), in paragraph (9), in the definition of “appropriate date” for “the week in which A is notified of being matched with the child for the purposes of adoption” substitute “the week in which the official notification is sent to A”.

Section 16 Modifications to the General Regulations for the purposes of adoptions from overseas

(1) Paragraph 12 (death of child) of the Schedule is modified as follows.

(2) In sub-paragraphs (1) and (2) for “or is returned after being placed” substitute “or regulation 28 of the Adoptions with a Foreign Element Regulations 2005 or regulation 31 of the Adoptions with a Foreign Element (Scotland) Regulations 2009 applies,”.

(3) In sub-paragraph (3) for “the death of C or after C is returned after being placed” substitute “the date on which C dies or regulation 28 of the Adoptions with a Foreign Element Regulations 2005 or regulation 31 of the Adoptions with a Foreign Element (Scotland) Regulations 2009 applies”.

(4) In sub-paragraph (4)—

(a) for “placed for adoption as a result of the same placement” substitute “adopted as a result of the same arrangement”;

(b) for “all the children are returned after being placed” substitute “regulation 28 of the Adoptions with a Foreign Element Regulations 2005 or regulation 31 of the Adoptions with a Foreign Element (Scotland) Regulations 2009 applies in relation to all of the children”;

(c) for paragraph (b) substitute—

(b) a reference in this paragraph to the death of C or to the application of regulation 28 of the Adoptions with a Foreign Element Regulations 2005 or regulation 31 of the Adoptions with a Foreign Element (Scotland) Regulations 2009 (however expressed) is to the death of the last of those children to die or is to the last of those children in relation to whom those regulations applied.

(5) Omit sub-paragraph (5).