Statutory Adoption Pay
Key information
If you adopt a child you may qualify for
Statutory Adoption Pay during your adoption leave from
work.
Applies to: England, Wales, Scotland and
Northern Ireland
Age rules: There are no specific age rules
Type of benefit: Non
means tested
Taxable: Yes
Administered by: Your employer
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Who does it help?
To qualify for SAP, you must have been matched with a child for
adoption by an adoption agency. You must also have been employed by
your present employer without a break for at least 26 weeks up to
and including the week the adoption agency told you that you had
been matched with a child for adoption. Also you must be earning an
average of at least £107 a week (before tax).
Where a couple adopts a child, only one parent is entitled to
take adoption leave and SAP. The other parent may be able to get
paternity leave and get Statutory
Paternity Pay during this time. This includes same-sex
couples.
If you don't use up all your statutory adoption leave and pay,
and you go back to work, your partner may be able to take the
remainder of the leave and claim your remaining pay to look after
the child.
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What help does it provide?
Your employer will pay SAP to you in the same way and at the
same time as your normal wages.
You get SAP for 39 weeks.
You can choose when to start getting your SAP. It can start from
the date of the child's placement or up to 14 days before the
expected date of the placement.
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How much does it pay?
SAP is paid at a flat rate of £135.45 a week, or 90% of your
normal gross weekly earnings, whichever is lower.
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How do I make a claim?
You must tell your employer that you want to take adoption leave
no more than seven days after you have been notified that you have
been matched with a child for adoption, or as soon as is practical
after this. You must tell your employer the date on which you
expect the child to be placed with you and the date on which you
want your statutory adoption leave (and therefore your SAP) to
start.
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What documents will I need?
To claim SAP, you must give your employer evidence of the
adoption. This will usually be the 'matching certificate' that you
get from the adoption agency.
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Challenging decisions
If you disagree with a SAP decision
made by your employer, you can contact HM Revenue and Customs
Statutory Payments Disputes Team. This may affect your job and your
relationship with your employer so you may want to seek
specialist advice on this matter first.
Further information on
Challenges and complaints
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Change of circumstance
You must notify your employer of any
change in your circumstances that may affect your
entitlement to this benefit.
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This information has been produced by Citizens
Advice.
Last updated: 6 April 2012
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