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Tuesday, 2 October 2023

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Money, tax and benefits

Statutory Adoption Pay

Statutory Adoption Pay is a weekly payment you get from your employer to help take time off work when you adopt a child. Find out more, including how to claim.

Who is eligible?

To qualify for Statutory Adoption Pay you must have been:

matched with a child for adoption by an adoption agency
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
earning an average of at least £107 a week (before tax)

Adoption law change - civil partnerships and unmarried couples Opens new window

You can get personalised help on what you qualify for by using the online adoption rights at work tool. The tool will give you a personalised statement of the adoption benefits that you may qualify for.

Use the following link to open the adoption rights at work tool.

Personalised guidance on your adoption rights and responsibilities Opens new window

How much do you get?

If your average weekly earnings are £107 or more (before tax). Statutory Adoption Pay is paid at £135.45 or 90 per cent of your average weekly earnings if this is less.

If you qualify, you will be entitled to Statutory Adoption Pay for 39 weeks.

How it's paid

Your employer will pay Statutory Adoption Pay to you in the same way and at the same time as your normal wages.

Statutory Adoption Pay is treated as normal pay and so they will also deduct tax and National Insurance as usual.

How and when to claim

To claim Statutory Adoption Pay you must give your employer documentary evidence from the adoption agency. This will usually be a 'matching certificate'.

You must also tell your employer when you intend to take leave. This must be within seven days of being told by the adoption agency that you've been matched with a child.

What else you need to know

You can choose when to start getting your Statutory Adoption Pay. It can start from the date of the child's placement or up to 14 days before the expected date of the placement.

If you have more than one job, you may be able to get Statutory Adoption Pay from each employer.

You may work for the employer paying you Statutory Adoption Pay for ten days without losing any Statutory Adoption Pay.

What happens if you can't get Statutory Adoption pay

If you can't get Statutory Adoption Pay your employer must fill in form SAP1 Non-payment of Statutory Adoption Pay. Your employer must then give you this form telling you why Statutory Adoption Pay has not been paid.

You can download form SAP1 from the HMRC website using the following link.

Statutory Adoption Pay SAP1 on the HMRC website Opens new window

If you disagree with the decision on your Statutory Adoption Pay

If you think your employer's decision is wrong contact the HM Revenue and Customs (HMRC) employees enquiry line on 0845 302 1479. You can also tell HMRC if you're not getting the right amount of Statutory Adoption Pay.

For more information please read ‘Statutory payments - if you think your employer's decision is wrong'.

Statutory Payments - if you think your employer's decision is wrong

If you don't qualify for Statutory Adoption Pay

If you don't qualify for Statutory Adoption Pay contact your local council to find out about other financial support which may be available to adopters.