Commentary on Sections Part 2: Shared Rights to Leave and Pay Section 9: Other statutory rights to pay of prospective adopters with whom looked after children are placed
Section 9 inserts provisions in the SSCBA which facilitate the extension of existing rights to statutory paternity and adoption pay to include FFA arrangements.
Subsection (2) inserts section 167ZBA into the SSCBA, relating to entitlement to statutory paternity pay. Subsection (4) inserts section 167ZLA into the SSCBA, relating to entitlement to statutory adoption pay.
Inserted section 167BA(1) and (2) specify that relevant cases are those involving a competent authority (a Health and Social Care Trust) placing, or expecting to place, a child with a foster parent who is also an approved prospective adopter in a situation where a decision is pending or has already been taken that adoption is in the child's best interests. The regulations may also prescribe further conditions which, it is envisaged, will allow a specific point to be set at which entitlement will be triggered. Inserted section 167ZLA(1) and (2) has a comparable effect in relation to statutory adoption pay entitlement.
Sections 167BA(3) and 167ZLA(3) respectively provide that regulations may prescribe how entitlement to statutory paternity pay and statutory adoption pay are to be extended to cover situations of this kind.
Sections 167BA(4) and 167ZLA(4) respectively specify that a person who becomes entitled to statutory paternity pay or statutory adoption pay in a FFA context has no later entitlement to claim that statutory pay when the same child is formally placed for adoption.
Subsections (3) and (5) respectively ensure that regulations may adapt references to the rate and period of statutory paternity pay and statutory adoption pay to ensure that FFA arrangements are included.