Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Statutory Paternity Pay and Statutory Adoption Pay (Amendment) Regulations 2004, and shall come into operation on 6th April 2004.

(2) In these Regulations—

“the General Regulations” means the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002( 3 );

“the Modification Regulations” means the Social Security Contributions and Benefits Act 1992 (Application of Parts 12ZA and 12ZB to Adoptions from Overseas) Regulations 2003( 4 );

“the Overseas Adoptions Regulations” means the Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (No. 2) Regulations 2003( 5 ).

Amendment of the General Regulations

2. —(1) The General Regulations shall be amended as follows.

(2) In regulation 11 (conditions of entitlement to statutory paternity pay (adoption): relationship with child and with person with whom the child is placed for adoption)—

(a) at the end of paragraph (2) (definition of “partner”), for “(3)” substitute “(2A)”;

(b) after paragraph (2), insert the following paragraph—

“ (2A) The relatives of the adopter referred to in paragraph (2) are the adopter’s parent, grandparent, sister, brother, aunt or uncle. ” ;

(c) in paragraph (3), for “(2)” substitute “(2A)”.

Amendment of the Modification Regulations

3. —(1) The Modification Regulations shall be amended as follows.

(2) In Schedule 1 (Application of Part 12ZA of the Social Security Contributions and Benefits Act to adoptions from overseas)—

(a) omit the first modification to section 171ZB(2) of the Act (referring to subsection (3A));

(b) after the third modification to section 171ZB(2) (relating to paragraph (a)(ii)), insert the following modification—

“ In paragraph (b), omit “ending with the relevant week” ” ;

(c) for the modification to section 171ZB(3) (defining the relevant week), substitute the following modification—

• “ For subsection (3) substitute—

  “ (3) The references in subsection (2)(c) and (d) to the relevant week are to—

  (a) the week in which official notification is sent to the adopter, or

  (b) the week at the end of which the person satisfies the condition in subsection (2)(b), whichever is the later. ” ” ;

(d) omit the modification inserting section 171ZB(3A).

(3) In Schedule 2 (Application of Part 12ZB of the Social Security Contributions and Benefits Act to adoptions from overseas)—

(a) omit the first modification to section 171ZL(2) of the Act (referring to subsection (3A));

(b) after the second modification to subsection 171ZL(2) (relating to paragraph (a)), insert the following modification—

“ In paragraph (b), omit “ending with the relevant week” ” ;

(c) for the modification to subsection 171ZL(3) (defining the relevant week), substitute the following modification—

• “ For subsection (3) substitute—

  “ (3) The reference in subsection (2)(d) to the relevant week is to—

  (a) the week in which official notification is sent to the adopter, or

  (b) the week at the end of which the person satisfies the condition in subsection (2)(b), whichever is the later. ” ” ;

(d) omit the modification inserting section 171ZL(3A).

Amendment of the Overseas Adoptions Regulations

4. —(1) The Overseas Adoptions Regulations shall be amended as follows.

(2) In regulation 3(4) (application of regulation 40 of the General Regulations subject to modified definitions), for paragraph (a) (definition of the “appropriate date”) substitute—

“ (a) in paragraph (2)(b), for “the week in which the adopter is notified of being matched with the child for the purposes of adoption” there were substituted—

“ the week in which—

(i) official notification is sent to the adopter or

(ii) the person satisfies the condition in section 171ZB(2)(b) or 171ZL(2)(b) of the Act (26 weeks' continuous employment),

whichever is the later ” . ”