SPM150200 | Additional Statutory Paternity Pay (ASPP) - general information: conditions for entitlement - Historical Information

From HM Revenue & Customs · Statutory Payments Manual

A person satisfies the conditions for ASPP if

they are the child’s father, or if not the child’s father, they are the partner of the mother
they have, or expect to have, the main responsibility (apart from the mother) for the upbringing of the child
they have been employed long enough, and remain in employment with the same employer into the week before ASPP is to begin
they have average weekly earnings at or above the LEL in the relevant period, see SPM171000
they intend to care for the child during the ASPP pay period
the mother satisfies her conditions, see below
the mother has completed and signed her declaration, see SPM150400
they have given a completed declaration to their employer, see SPM150400.

Regulation 4 of the Additional Statutory Paternity Pay (General) Regulations 2010 - SI 2010/1056

The child’s mother must have:

satisfied the qualifying conditions for entitlement to SMP or Maternity Allowance (MA)
taken action to return to work
signed the declaration form SC7 or equivalent to confirm they intend to return to work and will stop receiving SMP or MA
taken at least 2 weeks off work after the birth
at least 2 weeks of her Maternity Pay Period (MPP) or Maternity Allowance Period (MAP) remaining.

Regulation 6 of the Additional Statutory Paternity Pay (General) Regulations 2010 - SI 2010/1056

A person satisfies the conditions for ASPP if

they and their partner have been jointly matched with a child for adoption (in Northern Ireland couples have to be married to jointly adopt a child)
they have been employed long enough, and remain in the same employment with the same employer into the week before ASPP is to begin, seeSPM250000
they have normal weekly earnings at or above the LEL in the relevant period, see SPM171000
they intend to care for the child during the ASPP pay period
the adopter satisfies their conditions,
the adopter has completed and signed their declaration, see SPM150500
they have given a completed declaration to their employer, see SPM150500.

Regulation 12 of the Additional Statutory Paternity Pay (General) Regulations 2010 - SI 2010/1056

The child’s adopter must have:

satisfied the qualifying conditions for entitlement to SAP
taken action to return to work
signed the declaration form SC8 or equivalent to confirm they intend to return to work and will stop receiving SAP
taken at least 2 weeks off work after the child was placed with them
at least 2 weeks of their SAP remaining.

Regulation 13 of the Additional Statutory Paternity Pay (General) Regulations 2010 - SI 2010/1056

Entitlement to ASPP in adoption from abroad cases is the same as UK adoption for children.

A person satisfies the conditions if

they are the partner of the adopter, but don’t need to be jointly matched
they have, or expect to have, the main responsibility (apart from the adopter) for the upbringing of the child
they have been employed long enough, and remain in the same employment with the same employer into the week before ASPP is to begin
they have normal weekly earnings at or above the LEL in the relevant period, see SPM171000
they intend to care for the child during the ASPP pay period
the adopter satisfies their conditions,
the adopter has completed and signed their declaration, see SPM150600
they have given a completed declaration to their employer, see SPM150600.

Regulation 5 of the Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations 2010 - SI 2010/1057

The child’s adopter must have:

satisfied the qualifying conditions for entitlement to SAP
taken action to return to work
signed the declaration form SC9 or equivalent to confirm they intend to return to work and will stop receiving SAP
taken at least 2 weeks off work after the child enters the UK
at least 2 weeks of their SAP remaining.

Regulation 6 of the Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations 2010 - SI 2010/1057