Paternity payments
What is it?
Statutory Paternity Pay is money which is paid to you while you are taking time off work while your partner is having a baby or adopting a baby. Statutory Paternity Pay is the minimum amount of money which your employer is required to pay you, providing you meet the qualifying conditions. Your employer may also pay contractual paternity pay, but they are not allowed to pay you less than Statutory Paternity Pay.
Despite its name, Statutory Paternity Pay can be paid to women who meet the qualifying conditions below, for example women in Civil Partnerships.
If you and your partner are adopting a baby you should also read about Statutory Adoption Pay. If your partner is claiming Statutory Adoption Pay you cannot also claim it, but you may be able to claim Statutory Paternity Pay.
Do I qualify?
You qualify for Statutory Paternity Pay if:
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While taking the time off, you intend to care for the child or to support the child's mother; and
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You are either the father of the child and will have responsibility for the child's upbringing or the child's mother is your partner and you will have responsibility for the child's upbringing; and
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You have been employed by your employer for at least the last 26 weeks up to the fifteenth week before the child's mother's "expected week of childbirth" and then continuously by the same employer up to the date of the child's birth; or
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You have been employed by your employer for at least the last 26 weeks up to the week you are notified you and your partner have been matched with a child; and
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Your average gross weekly earnings are at least £90 (there are exceptions for adoptions).
The details of these conditions can be quite complex, so if you are not sure whether you qualify, you should seek further advice. The Benefits Maximisation Service can help you work out whether you would qualify.
How much is it?
Statutory Paternity Pay lasts for up to 2 weeks. You can choose to receive it for just one week.
It is paid at £117.18 a week or 90% of your average weekly earnings, whichever is lower.
How do I apply?
You should not need to apply for Statutory Paternity Pay. You can take Statutory Paternity Pay from the date of the child's birth or placement for adoption to up to eight weeks later. You should give your employer at least 28 days notice, or as much as is reasonably practical. You also need to make a written declaration that you will care for the child or support the child's mother while you receive Statutory Paternity Pay, and that you are either the child's father or the partner of the child's mother, and that you will have responsibility for the child's upbringing. Your employer must then make a decision on your entitlement.
For an easy way to find out which benefits might apply to you and your circumstances go to What can I claim?
The Benefits Maximisation Service can provide personal advice on what you may be entitled to and help you make a claim. For more information go to Benefits Maximisation Service.
What if I am not satisfied with the decision?
If your employer decides that you are not entitled to SPP, you should ask for written details of the decision and the reasons for it. If you are not satisfied with the decision you can request that HM Revenues and Customs make a decision on your entitlement. You must apply on form SPP14 which can be obtained from:
HM Revenues and Customers (The Statutory Payments Disputes Team)
Benton Park View
Newcastle upon Tyne
NE98 1ZZ
Tel: 0191 225 5221
The application must be within six months of the earliest date from which you think you should be paid Statutory Paternity Pay.
The Benefits Maximisation Service can help you apply to the Revenue for a decision.
It may take some time for the Revenue to make a decision about your Statutory Paternity Pay. In the meantime you should check whether you can claim any other benefits e.g. means-tested benefits or tax credits.
For an easy way to find out which benefits might apply to you and your circumstances go to What can I claim?
The Benefits Maximisation Service can provide personal advice on what you may be entitled to and help you make a claim. For more information go to Benefits Maximisation Service.
Disclaimer
Although every effort is made to ensure the information on these pages is accurate and up to date, it should not be treated as a complete and authoritative statement of the law.