The Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations 2010

Interpretation and scope

2.—(1) In these Regulations—

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

“additional statutory paternity pay (adoption)” means additional statutory paternity pay payable in accordance with the provisions of Part 12ZA of the Act where the conditions specified in section 171ZEB(2) of the Act are satisfied;

“additional statutory paternity pay period (adoption)” means the period in respect of which additional statutory paternity pay (adoption) is payable;

“adopter”, in relation to a child, means a person by whom the child has been or is to be adopted or, in a case where the child has been or is to be adopted by two people jointly, whichever of them has elected to take adoption leave in respect of the child;

“adoption from overseas” means the adoption of a child who enters Great Britain from outside the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom;

“adoption leave” means ordinary adoption leave under section 75A of the Employment Rights Act 1996(1) or additional adoption leave under section 75B of that Act;

“adoption pay period” has the meaning given by regulation 12 of the Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (No.2) Regulations 2003(2);

“the Application Regulations” means the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003(3);

“child” means a person who is, or when entering Great Britain was, under the age of eighteen;

“enter Great Britain” means enter Great Britain from outside the United Kingdom in connection with or for the purposes of adoption, and cognate expressions shall be construed accordingly;

“the General Regulations” means the Additional Statutory Paternity Pay (General) Regulations 2010(4);

“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 the child, or that it has issued a certificate and sent it to that authority, confirming, in either case, that the adopter is eligible to adopt, and has been assessed and approved as being a suitable adoptive parent;

“partner”, in relation to a child’s adopter, 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 (2);

“processing”, in relation to information, has the meaning given by section 1(1) of the Data Protection Act 1998(5); and

“relevant central authority” means—

(2) The relatives of a child’s adopter referred to in the definition of “partner” in paragraph (1) are the adopter’s parent, grandparent, sister, brother, aunt or uncle.

(3) References to relationships in paragraph (2)—

(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.

(4) References in these Regulations to Part 12ZA of the Act are references to sections 171ZEA to 171ZEE and, in so far as they concern additional statutory paternity pay, to sections 171ZF to 171ZJ of the Act.

(5) References in these Regulations to any of the provisions referred to in paragraph (4) are to be construed as references to those provisions as modified, where appropriate, by the Application Regulations.

(6) These Regulations apply to additional statutory paternity pay (adoption) in respect of adoptions from overseas.