What Is Statutory Paternity Pay?

What Is Statutory Paternity Pay?

Becoming a parent is an exciting milestone, but it also brings financial considerations. If you are employed and planning to take time off work after the birth or adoption of a child, you may be wondering what Statutory Paternity Pay is and whether you qualify.

Statutory Paternity Pay, often shortened to SPP, is a payment made by employers to eligible employees who take paternity leave to care for their new child or support their partner following childbirth or adoption. It provides financial support while you are away from work during the early days of your child’s life.

This guide explains who qualifies, how much you could receive, how to apply, common mistakes to avoid and where to find official Government guidance.


Quick Answer

What is Statutory Paternity Pay?

Statutory Paternity Pay is money paid by your employer if you qualify for Statutory Paternity Leave after the birth or adoption of a child. Eligible employees can usually receive either the statutory weekly rate set by the Government each tax year or 90 percent of their average weekly earnings if this amount is lower. Payments are normally available for up to two weeks of leave.


What Is Statutory Paternity Pay?

What does Statutory Paternity Pay mean?

Statutory Paternity Pay is a legal entitlement that allows eligible employees to receive pay while taking approved paternity leave.

The purpose of the payment is to allow fathers, partners and some adoptive parents to spend valuable time caring for their child without immediately losing all of their income.

Statutory Paternity Pay is paid by your employer rather than directly by the Government, although employers usually recover most or all of the cost from HM Revenue and Customs.

It applies to many employees across England, Scotland, Wales and Northern Ireland who meet the qualifying conditions.

Key facts

Feature Details
Paid by Your employer
Maximum payment period Up to two weeks
Available after Birth, adoption or certain surrogacy arrangements
Taxable Yes
National Insurance Payable where applicable

Who Can Claim Statutory Paternity Pay?

Who qualifies for Statutory Paternity Pay?

You may qualify if you are an employee and meet the Government’s eligibility conditions.

Generally, you must:

  • Be employed rather than self employed
  • Earn at least the Lower Earnings Limit for National Insurance purposes
  • Have worked continuously for your employer for the required qualifying period before the expected week of childbirth or matching date for adoption
  • Be taking leave to care for the child or support the child’s mother or adopter
  • Give your employer the correct notice

You may qualify if you are:

  • The child’s father
  • The mother’s husband
  • The mother’s civil partner
  • The mother’s partner
  • An adoptive parent
  • The intended parent through an approved surrogacy arrangement

Eligibility Requirements

What are the eligibility rules for Statutory Paternity Pay?

To receive Statutory Paternity Pay you normally need to satisfy several conditions.

Employment requirement

You must be legally employed by your employer.

Agency workers and casual workers may qualify in some circumstances if they are employees.

Continuous employment

You must usually have worked continuously for your employer for at least 26 weeks before the relevant qualifying week.

Earnings requirement

Your average weekly earnings must be at or above the Lower Earnings Limit for National Insurance contributions.

Family relationship

You must have responsibility for helping to care for the child or supporting the child’s mother or adopter.

Notice requirement

You should notify your employer within the required timescales about:

  • The expected birth or adoption
  • The intended leave dates
  • How much leave you plan to take

Income Rules

Does your income affect Statutory Paternity Pay?

Yes.

To qualify, you must earn at least the Lower Earnings Limit used for National Insurance.

Your employer calculates your average weekly earnings over the relevant assessment period.

If your earnings are below the qualifying threshold, you may not qualify for Statutory Paternity Pay.

Income comparison

Average weekly earnings Likely outcome
Above qualifying threshold May qualify if other conditions are met
Below qualifying threshold Usually not eligible

Savings Rules

Do savings affect Statutory Paternity Pay?

No.

Unlike some means tested benefits, Statutory Paternity Pay does not depend on:

  • Savings
  • Investments
  • Property ownership
  • Household income
  • Partner’s earnings

Only your employment status and qualifying earnings are normally considered.


How Much Could You Receive?

How much is Statutory Paternity Pay?

If you qualify, you normally receive:

  • The statutory weekly rate set by the Government for the relevant tax year

or

  • Ninety percent of your average weekly earnings

You receive whichever amount is lower.

Payments are made through your employer’s payroll and are subject to Income Tax and National Insurance where applicable.

Payment summary

Situation Payment
Average earnings below statutory rate Ninety percent of average weekly earnings
Average earnings above statutory rate Statutory weekly rate

Some employers offer enhanced paternity pay through their own workplace policies.

Always check your employment contract.


How Long Can You Receive Statutory Paternity Pay?

How many weeks is Statutory Paternity Pay paid?

Eligible employees can normally receive Statutory Paternity Pay for:

  • One week

or

  • Two consecutive weeks

The leave cannot usually be split into separate weeks.

Your leave must generally be taken within the permitted period after the birth or placement for adoption.


How To Apply

How do you claim Statutory Paternity Pay?

You do not normally apply through the Government.

Instead, you claim through your employer.

Step 1

Tell your employer:

  • Expected due date or adoption placement
  • Planned leave dates
  • Length of leave

Step 2

Complete any forms requested by your employer.

Step 3

Provide any supporting information if required.

Step 4

Your employer confirms your entitlement.

Step 5

Payments are included within your normal salary payments during leave.


What Documents Will You Need?

What information might your employer request?

Although requirements vary, you may need:

  • Your child’s expected due date
  • Confirmation of adoption placement where relevant
  • Your National Insurance number
  • Proof of employment details
  • A signed declaration confirming eligibility if requested

Most employers make the process straightforward.


Common Mistakes To Avoid

What mistakes stop people receiving Statutory Paternity Pay?

Many claims are delayed because simple requirements are missed.

Avoid these common errors.

Giving notice too late

Always inform your employer within the required deadlines.

Assuming self employed workers qualify

Self employed people do not usually qualify for Statutory Paternity Pay because it is an employment based entitlement.

Confusing leave with pay

Paternity Leave and Statutory Paternity Pay are related but different rights.

Not checking enhanced employer benefits

Some employers pay significantly more than the statutory minimum.

Assuming savings affect entitlement

Savings are not normally considered.


Examples And Real Life Scenarios

Example one

Daniel works full time for a manufacturing company.

He has worked there for four years.

When his daughter is born, he takes two weeks of paternity leave.

Because he meets the qualifying conditions, his employer pays Statutory Paternity Pay through payroll.


Example two

James recently started a new job only eight weeks before his child was due.

Although he is employed, he has not worked long enough to meet the continuous employment requirement.

He therefore does not qualify for Statutory Paternity Pay through that employer.


Example three

Ahmed works for an employer that offers enhanced family leave benefits.

Instead of receiving only the statutory amount, his employer pays his normal salary during paternity leave because this is included within the company’s employment policy.


Scenario comparison

Situation Likely outcome
Meets employment and earnings rules Usually eligible
Insufficient continuous service Usually not eligible
Employer offers enhanced package May receive more than statutory pay
Self employed Usually not eligible for Statutory Paternity Pay

What Happens If Your Circumstances Change?

Can changes affect Statutory Paternity Pay?

Yes.

Changes that could affect your entitlement include:

  • Leaving your job before qualifying
  • Not taking approved paternity leave
  • Changes to your employment contract
  • Failing to meet notice requirements

Always tell your employer if your circumstances change before your leave begins.


Frequently Asked Questions

Can self employed fathers claim Statutory Paternity Pay?

No. Statutory Paternity Pay is generally available only to eligible employees.


Is Statutory Paternity Pay taxable?

Yes. Income Tax and National Insurance may apply.


Can I receive full salary instead?

Some employers provide enhanced contractual paternity pay.


Can I choose one week or two weeks?

Yes. Eligible employees can normally choose either one week or two consecutive weeks.


Can I split my leave?

Generally, no. The leave is usually taken as one continuous block.


Does my partner’s income affect my payment?

No. Your partner’s earnings do not normally affect Statutory Paternity Pay.


Do savings affect eligibility?

No.


Who actually pays Statutory Paternity Pay?

Your employer pays you through payroll.


What if my employer refuses to pay?

Speak to your employer first. If the issue is not resolved, you may be able to seek advice from HM Revenue and Customs or an employment advice service.


Can adoptive parents receive Statutory Paternity Pay?

Yes, provided they meet the qualifying conditions.


Can agency workers qualify?

Some agency workers may qualify if they are employees and meet the eligibility rules.


Related Benefits And Support Available

What other support may new parents receive?

Depending on your circumstances, you could also be entitled to:

  • Child Benefit
  • Universal Credit
  • Statutory Maternity Pay
  • Maternity Allowance
  • Shared Parental Leave and Pay
  • Statutory Adoption Pay
  • Healthy Start Scheme
  • Tax Free Childcare
  • Free childcare support for eligible families

Each scheme has different qualifying rules.


Useful Government Resources

Where can you find official guidance?

The most reliable information is available from official Government departments.

Useful resources include:

  • GOV.UK guidance on Statutory Paternity Pay
  • HM Revenue and Customs
  • Department for Work and Pensions
  • Advisory, Conciliation and Arbitration Service for employment rights

Always use official sources when checking payment rates and qualifying rules, as these may change over time.


Information Reviewed Against Current UK Government Guidance And Official Sources

This article has been prepared using current UK Government guidance relating to Statutory Paternity Pay, employment rights and family leave provisions.

Government payment rates, eligibility rules and qualifying earnings thresholds may change each tax year. Readers should always confirm the latest information before making financial or employment decisions.


Conclusion

Understanding what Statutory Paternity Pay is can help you prepare financially for the arrival of a new child. If you are an eligible employee, Statutory Paternity Pay provides valuable financial support while you take time away from work to care for your family during an important period.

Eligibility depends mainly on your employment status, continuous service with your employer and average earnings rather than your savings or household income. Claims are usually made through your employer, and many workplaces also offer enhanced paternity packages that provide more generous payments than the statutory minimum.

Planning ahead, notifying your employer on time and understanding your rights can make the process much smoother.

Benefits Advice UK provides free information to help people better understand the UK benefits system. Always check the latest Government guidance before making financial decisions.

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Important

Information on this site is based on official UK guidance.

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