How to Apply for Statutory Paternity Pay

How to Apply for Statutory Paternity Pay

Becoming a parent is an exciting time, but it can also bring financial concerns. If you are taking time off work following the birth of your child or the placement of a child for adoption, you may be entitled to Statutory Paternity Pay (SPP).

Understanding how to apply for Statutory Paternity Pay can help ensure you receive the financial support you are entitled to while spending valuable time with your growing family.

This guide explains who qualifies, how much you could receive, the application process, eligibility rules and common mistakes to avoid. The information has been written in plain English and follows current UK Government guidance.


Quick Answer

How do you apply for Statutory Paternity Pay?

You do not apply to the Government for Statutory Paternity Pay. Instead, you apply through your employer. You must notify your employer that you intend to take paternity leave, tell them when you want your leave to start and provide any information they request, such as your baby’s expected due date or adoption details. If you meet the qualifying conditions, your employer pays Statutory Paternity Pay through their payroll.


What Is Statutory Paternity Pay?

What is Statutory Paternity Pay?

Statutory Paternity Pay is a legal payment made by employers to eligible employees who take time off work following the birth or adoption of a child.

The payment helps parents take time away from work during an important period while still receiving income.

Unlike some other benefits, Statutory Paternity Pay is paid by your employer rather than directly by the Government.

It is available across England, Scotland, Wales and Northern Ireland.

The scheme covers:

  • Birth of a child
  • Adoption
  • Surrogacy arrangements in certain circumstances

Who Can Claim Statutory Paternity Pay?

Who qualifies for Statutory Paternity Pay?

You may qualify if you:

  • Are an employee
  • Are responsible for the child’s upbringing
  • Are the child’s father or partner
  • Are adopting a child
  • Meet the minimum employment requirements
  • Earn enough to qualify
  • Give your employer the required notice

You can be:

  • The biological father
  • The husband of the mother
  • The civil partner
  • The partner living with the mother
  • The intended parent in a surrogacy arrangement
  • An adoptive parent

Eligibility Requirements

What are the eligibility rules?

To qualify for Statutory Paternity Pay you normally must:

  • Have worked continuously for your employer for at least 26 weeks before the qualifying week.
  • Continue working for the employer until the child is born or placed for adoption.
  • Earn at least the Lower Earnings Limit for National Insurance.
  • Give the correct notice.
  • Be taking time off to care for the child or support the mother or adopter.

Eligibility Summary

Requirement Must Meet?
Employee status Yes
Continuous employment Yes
Minimum earnings Yes
Proper notice Yes
Caring for the child Yes

If any of these conditions are not met, your employer may refuse Statutory Paternity Pay, although other support could still be available.


Income Rules

Does your income affect Statutory Paternity Pay?

Yes.

To qualify you must earn at least the Lower Earnings Limit for National Insurance contributions during the relevant assessment period.

Your employer calculates your average weekly earnings before deciding whether you qualify.

Income above this level does not reduce your entitlement.

Unlike means tested benefits, higher salaries do not prevent you from claiming provided you meet the eligibility rules.


Savings Rules

Do savings affect Statutory Paternity Pay?

No.

There are no savings limits.

Whether you have:

  • £100
  • £10,000
  • £50,000
  • More than £100,000

your savings do not affect entitlement.

This is because Statutory Paternity Pay is an employment right rather than a means tested benefit.


How Much Could You Receive?

How much is Statutory Paternity Pay?

Eligible employees receive the lower of:

  • The statutory weekly rate set by the Government, or
  • 90 percent of their average weekly earnings.

The statutory rate is reviewed regularly by the Government and may change each tax year.

Payment can normally be received for:

  • One week
  • Two consecutive weeks

The leave cannot usually be taken as separate individual days.

Payment Examples

Weekly Earnings Likely Outcome
Below Lower Earnings Limit Usually not eligible
£300 Lower of statutory rate or 90 percent earnings
£700 Usually statutory weekly rate
£1,200 Usually statutory weekly rate

Your employer deducts:

  • Income Tax
  • National Insurance

in the normal way.


How To Apply

How do you apply for Statutory Paternity Pay?

Applying is usually straightforward.

Step 1

Tell your employer you intend to take paternity leave.

Step 2

Provide:

  • Expected week of childbirth
  • Planned leave dates
  • Whether you want one or two weeks

Step 3

Give notice before the deadline required by law.

Step 4

Complete any employer forms if requested.

Step 5

Your employer confirms your entitlement.

Step 6

Payment is made through payroll during your leave.


What Documents Will You Need?

What information will your employer ask for?

Many employers only require basic information.

This may include:

  • Child’s expected due date
  • MATB1 details if relevant
  • Adoption matching certificate
  • Declaration confirming eligibility
  • Planned leave dates

Some employers use internal forms while others simply ask for written notification.


When Can You Take Paternity Leave?

When can Statutory Paternity Leave begin?

Leave must usually be taken:

  • After the baby’s birth
  • Within the permitted time period following birth or adoption
  • In one continuous block

It cannot normally start before the child arrives.


Can Employers Offer More Than Statutory Paternity Pay?

Can your employer pay more?

Yes.

Many employers offer enhanced paternity pay.

Enhanced schemes may include:

  • Full salary
  • Half salary
  • Extra weeks of paid leave
  • Additional family benefits

Always check:

  • Your employment contract
  • Staff handbook
  • Human Resources department

Enhanced schemes cannot provide less than the statutory minimum.

Comparison

Type of Pay Paid By
Statutory Paternity Pay Employer under Government rules
Enhanced Paternity Pay Employer’s own policy

What Happens If Your Employer Refuses?

What should you do if your employer says no?

First ask why.

Common reasons include:

  • Not meeting earnings rules
  • Insufficient continuous employment
  • Late notification
  • Missing eligibility criteria

If you believe the decision is incorrect:

  • Speak with Human Resources.
  • Ask for a written explanation.
  • Seek independent employment advice if necessary.

If you are not eligible for Statutory Paternity Pay, your employer should provide form SPP1 explaining why.


Common Mistakes To Avoid

What mistakes stop people receiving Statutory Paternity Pay?

Avoid these common problems:

  • Forgetting to notify your employer on time.
  • Assuming self employed workers qualify.
  • Missing important deadlines.
  • Giving incorrect leave dates.
  • Not checking eligibility before planning leave.
  • Confusing Statutory Paternity Pay with Shared Parental Leave.
  • Assuming savings affect entitlement.
  • Believing you apply directly to the Government.

Planning ahead makes the process much smoother.


Examples And Real Life Scenarios

What are some examples of Statutory Paternity Pay?

Example One

David has worked for the same employer for three years.

His partner gives birth in September.

He provides notice well in advance and requests two weeks off.

He qualifies and receives Statutory Paternity Pay through payroll.


Example Two

Ahmed starts a new job only three months before his baby’s birth.

Because he has not worked long enough with the employer, he does not qualify for Statutory Paternity Pay.

His employer issues an SPP1 form explaining why.


Example Three

Chris earns well above average.

Although his salary is high, he still receives the statutory payment because the rules cap the weekly amount.


Example Four

Michael works for an employer with enhanced family benefits.

Instead of receiving the statutory amount, he receives his normal salary during paternity leave because his employer offers a more generous package.


Comparison With Other Family Support

How is Statutory Paternity Pay different from other support?

Scheme Purpose
Statutory Paternity Pay Supports eligible fathers and partners taking leave
Statutory Maternity Pay Supports eligible mothers during maternity leave
Shared Parental Pay Allows parents to share leave and pay
Maternity Allowance Supports some mothers who do not qualify for Statutory Maternity Pay
Child Benefit Helps with the cost of raising children

Frequently Asked Questions

Can self employed people claim Statutory Paternity Pay?

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


Can agency workers qualify?

Some agency workers may qualify depending on their employment status.


Do savings affect entitlement?

No.


Does my partner’s income matter?

No.


Is Statutory Paternity Pay taxable?

Yes. Income Tax and National Insurance are deducted.


Can I take one week instead of two?

Yes.


Can I split the two weeks?

Generally no. The leave must normally be taken in one continuous block.


What if my employer pays enhanced paternity leave?

You will receive the enhanced entitlement instead if it is more generous.


Can both parents receive statutory payments?

Yes, provided each meets the rules for their respective entitlement.


What if I change employers?

Eligibility depends on meeting the continuous employment requirement with your employer before the qualifying week.


What happens if my baby arrives early?

You should inform your employer as soon as reasonably possible so arrangements can be updated.


Can I receive Universal Credit at the same time?

Possibly. Universal Credit is assessed separately based on household circumstances.


Related Benefits And Support Available

What other financial support may be available?

Depending on your circumstances you could also be entitled to:

  • Child Benefit
  • Universal Credit
  • Shared Parental Pay
  • Statutory Maternity Pay
  • Maternity Allowance
  • Healthy Start Scheme
  • Sure Start Maternity Grant where eligible
  • Council Tax Reduction
  • Free childcare support at the appropriate age

Each scheme has different qualifying rules.


Useful Government Resources

Where can you find official information?

Official guidance is available from:

  • GOV.UK family leave guidance
  • GOV.UK Statutory Paternity Pay guidance
  • HM Revenue and Customs employer guidance
  • Advisory, Conciliation and Arbitration Service (Acas)
  • Citizens Advice

These sources provide the latest eligibility rules and statutory payment rates.


Information Reviewed Against Current UK Government Guidance And Official Sources

This article has been reviewed against current UK Government guidance relating to:

  • Statutory Paternity Pay
  • Employment rights
  • Family leave
  • HM Revenue and Customs guidance
  • Employer responsibilities

Because statutory payment rates and employment legislation can change, always check the latest official Government guidance before making decisions about your entitlement.


Conclusion

Understanding how to apply for Statutory Paternity Pay can help you prepare financially while taking valuable time to support your partner and bond with your new child.

In most cases, you apply through your employer rather than the Government. As long as you meet the employment, earnings and notice requirements, your employer should arrange your Statutory Paternity Pay through their payroll system.

Applying early, checking your eligibility and providing the correct information can help avoid delays and ensure you receive your entitlement without unnecessary stress.

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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