SPM40515 - Ordinary Statutory Paternity Pay (OSPP) - Evidence of entitlement to OSPP

Placed for adoption under UK law

Declaration of family commitment - form SC4

In addition to a suitably worded declaration this form sets out the terms and conditions for payment of OSPP depending on the circumstances of the adoption under UK law.

The employee must tell the employer when they want to take their leave and start being paid OSPP and declare that they:

• have the prescribed relationship with the adopter and the child, and
• intend to support the adopter or care for the child
• that they have chosen not to receive Statutory Adoption Pay.

The declaration must include:

• the employee’s name
• the expected date of placement, and, where the child has been placed, the date of placement
• the date from which the employee wants to be paid OSPP
• whether the employee wants to be paid for one week or two.

HMRC has produced form SC4 for employers and employees to use as evidence of entitlement to OSPP. The use of this form is not compulsory. Employers can use their own stationery if they want to as long as it contains all the required information.

The employer cannot pay OSPP without this or an equivalent form.

The employee can use approved electronic communications as specified in the Statutory Payments Schemes (Electronic Communications) Regulations 2002

Confirmation that child has been placed for adoption

The employee must confirm that the child has been placed for adoption before OSPP is payable.

The legislation

Regulation 15 of the Ordinary Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 (SI 2002/2822)