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Wednesday, 3 October 2023

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Money, tax and benefits

Ordinary Statutory Paternity Pay

When your wife, partner or civil partner gives birth or adopts a child, you may be entitled to Ordinary Statutory Paternity Pay (OSPP). Find out more about your entitlement to receive Ordinary Statutory Paternity Pay and how to claim it.

Who is eligible for Ordinary Statutory Paternity Pay

For you to qualify for Ordinary Statutory Paternity Pay, all of the following must apply:

you must be the biological father or adopter of the child or be the mother's (or adopter's) husband, partner or civil partner or have or expect to have responsibility for the child's upbringing
you must have continued to work for the same employer without a break for at least 26 weeks by the 15th week before the baby is due, or employed up to and including the week your wife, partner or civil partner was matched with a child
you must continue to work for that employer without a break up to the date the child is born or placed for adoption
you must be earning an average of at least £107 a week (before tax)

You can get personalised help on what you qualify for by using the online paternity rights at work tool. The tool will give you a personalised statement of the Ordinary Statutory Paternity Pay that you may qualify for.

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

Personalised guidance on your paternity rights and responsibilities Opens new window

How much do you get

If your average weekly earnings are £107 or more (before tax), Ordinary Statutory Paternity Pay is paid for one or two consecutive weeks at £135.45 or 90 per cent of your average weekly earnings if this is less.

How it's paid

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

Ordinary Statutory Paternity Pay is treated as normal pay and so they'll also deduct tax and National Insurance as usual.

How and when to claim Ordinary Statutory Paternity Pay

To claim Ordinary Statutory Paternity Pay you must tell your employer when you intend to take leave by the 15th week before your baby is due, or within seven days of your wife, partner or civil partner being told by the adoption agency that they've been matched with a child.

If you change your mind you must give 28 days' notice.

Your employer might ask you for self-certificate form SC3 (becoming a parent) that confirms you're entitled to the pay.

Download 'self-certificate form SC3' (PDF, 74K) Opens new window

Help with PDF files

What else you need to know

You can choose when to start getting your Ordinary Statutory Paternity Pay. Leave can start on any day of the week:

on or following the child's birth, but must be completed within eight weeks of the actual date of birth (or eight weeks after the expected date of birth if the baby is born early)
from the date of the child's placement, but must be completed within eight weeks of the date of placement

You can take either one week or two consecutive weeks, but not odd days.

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

Your employer can't pay you Ordinary Statutory Paternity Pay for any week you're at work.

What happens if you can't get Ordinary Statutory Paternity Pay

If you can't get Ordinary Statutory Paternity Pay (OSPP) your employer must fill in form OSPP1 Non-payment of Ordinary Statutory Paternity Pay. Your employer must then give you this form telling you why OSPP has not been paid.

You can download form OSPP1 from the HMRC website using the following link.

Ordinary Statutory Paternity Pay OSPP1 on the HMRC website Opens new window

If you disagree with your employer's decision

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 Ordinary Statutory Paternity Pay.

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