5.—(1) The conditions prescribed under section 171ZB(2)(a) of the Act are that a person—
(a)is married to or the partner of a child’s adopter (or in a case where there are two adopters, married to or the partner of the other adopter), and
(b)has, or expects to have, the main responsibility (apart from the responsibility of the child’s adopter or, in a case where there are two adopters, together with the other adopter) for the upbringing of the child.
(2) For the purposes of paragraph (1), “partner” means a person (whether of a different sex or the same sex) who lives with the adopter and the child in an enduring family relationship but is not a relative of the adopter of a kind specified in paragraph (3).
(3) The relatives of a child’s adopter referred to in the definition of “partner” in paragraph (2) are the adopter’s parent, grandparent, sister, brother, aunt or uncle.
(4) References to relationships in paragraph (3)—
(a)are to relationships of the full blood or half blood or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and
(b)include the relationship of a child with his adoptive, or former adoptive parents but do not include any other adoptive relationships.
6.—(1) Subject to notice under section 171ZC(1) of the Act, paragraph (2) and regulation 8, a person entitled to statutory paternity pay (adoption) may choose the statutory paternity pay period to begin on—
(a)the date on which the child enters Great Britain or, where the person is at work on that day, the following day; or
(b)a predetermined date, specified by the person, which is later than the date on which the child enters Great Britain.
(2) In a case where statutory paternity pay (adoption) is payable in respect of a child where the adopter has received official notification before 6th April 2003, the statutory paternity pay period shall begin on a predetermined date, later than the date of entry, specified by the person entitled to such pay in a notice under section 171ZC(1) of the Act, which is at least 28 days after the date on which that notice was given, unless the person liable to pay statutory paternity pay (adoption) agrees to the period beginning earlier.
(3) A person may choose for statutory paternity pay (adoption) to be paid in respect of a period of a week.
(4) A choice made in accordance with paragraph (1) is not irrevocable, but where a person subsequently makes a different choice in relation to the beginning of the statutory paternity pay period, section 171ZC(1) of the Act shall apply to it.
7.—(1) Where a person gives notice under section 171ZC(1) of the Act he shall give further notice of the following matters to the person liable to pay him statutory paternity pay (adoption)—
(a)the date on which official notification was received, within 28 days of that date, or within 28 days of his completion of 26 weeks of continuous employment with that person, whichever is the later;
(b)the date on which the child enters Great Britain, within 28 days of entry.
(2) Where the child has not entered Great Britain on the expected date, the person shall, if he wishes to claim statutory paternity pay (adoption), give notice to the person liable to pay it, as soon as is reasonably practicable, that the period in respect of which statutory paternity pay is to be paid shall begin on a date different from that originally chosen by him.
(3) That date may be any date chosen in accordance with paragraph (1) of regulation 6 or specified in accordance with paragraph (2) of that regulation.
(4) Where it becomes known to that person that the child will not enter Great Britain, he shall notify the person who would have been liable to pay statutory pay (adoption), as soon as is reasonably practicable.
8. The qualifying period for the purposes of section 171ZE(2) of the Act (period within which the statutory pay period must occur) is a period of 56 days beginning with the date the child enters Great Britain.
9.—(1) A person shall produce evidence of his entitlement to statutory paternity pay (adoption) in respect of adoptions from overseas by providing in writing to the person who will be liable to pay him statutory paternity pay (adoption) the declarations specified in paragraph (2) and the information specified in paragraph (3).
(2) The declarations referred to in paragraph (1) are as follows—
(a)that he meets the conditions prescribed under section 171ZB(2)(a) of the Act and that it is not the case that statutory paternity pay (adoption) is not payable to him by virtue of the provisions of section 171ZE(4) of the Act;
(b)that he has elected to receive statutory paternity pay (adoption), and not statutory adoption pay under Part 12ZB of the Act;
(c)that official notification has been received.
(3) The information referred to in paragraph (1) is as follows—
(a)the name of the person claiming statutory paternity pay (adoption);
(b)the date on which it is expected that the child will enter Great Britain or, where the child has already entered Great Britain, that date;
(c)the date from which it is expected that the liability to pay statutory paternity pay (adoption) will begin;
(d)whether the period chosen in respect of which statutory paternity pay (adoption) is to be payable is a week.
(4) The declarations mentioned in paragraph (2) and information mentioned in paragraph (3) shall be provided to the person liable to pay statutory paternity pay (adoption) at least 28 days before the date mentioned in sub-paragraph (c) of paragraph (3) or, if that is not reasonably practicable, as soon as is reasonably practicable thereafter.
10. Statutory paternity pay (adoption) shall be payable to a person in respect of a statutory pay week during any part of which he works only for an employer—
(a)who is not liable to pay him statutory paternity pay (adoption); and
(b)for whom he has worked in the week in which the adopter receives official notification.
11.—(1) A former employer shall be liable to make payments of statutory paternity pay (adoption) to a former employee in any case where the employee has been employed for a continuous period of at least 8 weeks and his contract of service was brought to an end by the former employer solely, or mainly, for the purpose of avoiding liability for statutory paternity pay (adoption).
(2) In a case falling within paragraph (1)—
(a)the employee shall be treated as if he had been employed for a continuous period ending with the day the child enters Great Britain;
(b)his normal weekly earnings shall be calculated by reference to his normal weekly earnings for the period of 8 weeks ending with the last day in respect of which he was paid under his former contract of service.