The Statutory Paternity Pay and Statutory Adoption Pay(Weekly Rates) Regulations 2002

Made: 11th November 2002

Coming into force: 8th December 2002

Whereas a draft of the following Regulations was laid before Parliament in accordance with section 176(1)(a) of the Social Security Contributions and Benefits Act 1992 and approved by a resolution of each House of Parliament:

Now, therefore, the Secretary of State, in exercise of the powers conferred on her by sections 171ZE(1) and 171ZN(1) of the Social Security Contributions and Benefits Act 1992 and section 5(1)(l) of the Social Security Administration Act 1992, by this instrument, which contains only provision made by virtue of sections 2, 4 and 53 of and paragraphs 8 and 11 of Schedule 7 to the Employment Act 2002 and is made before the end of the period of 6 months from the coming into force of those enactments, hereby makes the following Regulations—

Citation and commencement

1

These Regulations may be cited as the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations and shall come into force on 8th December 2002.

Weekly rate of payment of statutory paternity pay

2

The weekly rate of payment of statutory paternity pay shall be the smaller of the following two amounts—

• (a) £187.18;

• (b) 90 per cent. of the normal weekly earnings of the person claiming statutory paternity pay, determined in accordance with regulations 39 and 40 of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 .

Weekly rate of payment of statutory adoption pay

3

The weekly rate of payment of statutory adoption pay shall be the smaller of the following two amounts—

• (a) £187.18;

• (b) 90 per cent. of the normal weekly earnings of the person claiming statutory adoption pay, determined in accordance with regulations 39 and 40 of the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002.

Rounding of fractional amounts

4

Where any payment of—

• (a) statutory paternity pay is made on the basis of a calculation at—

• (i) the weekly rate specified in regulation 2(b); or

• (ii) the daily rate of one-seventh of the weekly rate specified in regulation 2(a) or (b); or

• (b) statutory adoption pay is made on the basis of a calculation at—

• (i) the weekly rate specified in regulation 3(b); or

• (ii) the daily rate of one-seventh of the weekly rate specified in regulation 3(a) or (b),

and that amount includes a fraction of a penny, the payment shall be rounded up to the next whole number of pence.

Signed

Alan Johnson — Minister of State for Employment Relations, Industry and the Regions, — Department of Trade and Industry — 2002-11-11

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 4; section 176(1)(a) was amended by paragraph 7 of Schedule 7 to the Employment Act 2002 (c. 22).

[^f00002]: Section 171ZE was inserted by section 2 of the Employment Act 2002, and section 171ZN by section 4 of that Act.

[^f00003]: 1992 c. 5; section 5 was amended by paragraph 11 of Schedule 7 to the Employment Act 2002.

[^f00004]: See section 173(5)(b) of the Social Security Administration Act 1992.

[^f00005]: S.I. 2002/2822.

Citation and commencement

Weekly rate of payment of statutory paternity pay

Weekly rate of payment of statutory adoption pay

Rounding of fractional amounts

Editorial notes

[^c963155]: 1992 c. 4; section 176(1)(a) was amended by paragraph 7 of Schedule 7 to the Employment Act 2002 (c. 22).

[^c963156]: Section 171ZE was inserted by section 2 of the Employment Act 2002, and section 171ZN by section 4 of that Act.

[^c963157]: 1992 c. 5; section 5 was amended by paragraph 11 of Schedule 7 to the Employment Act 2002.

[^c963158]: See section 173(5)(b) of the Social Security Administration Act 1992.

[^c963159]: S.I. 2002/2822.

[^key-22687cc1aa64fc7b571cb98e3e2367b3]: Reg. 2 substituted (coming into force in accordance with reg. 1(1) of the amending S.I.) by The Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) (Amendment) Regulations 2004 (S.I. 2004/925), regs. 1(1), 2

[^key-68bab0b01034ed726e53df701c047929]: Reg. 4 substituted (with effect in accordance with reg. 2 of the amending S.I.) by The Statutory Paternity Pay and Statutory Adoption Pay (General) and the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) (Amendment) Regulations 2006 (S.I. 2006/2236), regs. 1(1), 7

[^key-d0c08d377c4dba3ba2c48d7a886a0412]: Sum in Reg. 3(a) substituted (7.4.2024) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(f), 10(1)(b)

[^key-439e8566b36a483799010a3c3da695f9]: Sum in Reg. 2(a) substituted (6.4.2025) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(d), 10(1)(a)

[^key-f61e3574688cf2f3757de6575420e366]: Sum in Reg. 3(a) substituted (6.4.2025) by The Social Security Benefits Up-rating Order 2025 (S.I. 2025/295), arts. 1(3)(d), 10(1)(b)