Statutory Adoption Pay - qualifying rules and entitlement
Description
If you want to read more than the qualifying rules and entitlement, check out our main article on SAP.
You can also access the employers guide at gov.uk.
To qualify
Documentary evidence
Your employee must provide documentary evidence to prove that they're adopting a child. This has to be through an adoption agency at least 28 days before the start of payment. It can be a matching certificate or a letter and must show:
The name and address of the employee and the adoption agency
The date you placed the child with the employee, or expect to place the child with them
The date the adoption agency told the employee that they had matched with a child
Length of employment
The employee must work for you continuously for 26 weeks up to and into the matching week. The matching week is the week in which the employee is informed that they’ve matched with a child.
The employee's earnings
The employee's average weekly earnings in the eight weeks before the matching week. This must be at or above the current National Insurance Lower Earnings Limit (LEL).
SAP start date
Your employee has the right to choose when they want to start their adoption pay and leave. The date:
Can't be more than 14 days before the expected placement date
Start the leave no later than the date you place the child, or the following day if the employee worked on the placement date
If your employee doesn't meet the requirements for SAP, you must give them form SAP1 Non-payment of Statutory Adoption Pay (SAP). This is available from gov.uk.
Entitlement
The employee must give you at least 28 days notice of when they want SAP to start.
Grant the adopter 52 weeks of statutory adoption leave
For employees who qualify, SAP is payable for 39 weeks
This consists of: - Six weeks at the higher rate, which is 90% of the employee's average weekly earnings - 33 weeks at the standard rate. Which is the lesser amount of 90% of the employee's average weekly earnings or £187.18 (2025/26) or £194.32 (2026/27) per week
If the employee meets all qualifying conditions, as an employer, you're obliged to pay the statutory rate of SAP. Whether you pay any further wages on top of the statutory requirement depends on the employee's contract of employment. You're under no statutory obligation to pay anything further
NOTE:
Payroll calculates SAP in whole weeks only, from the adoption start date. For example, the adoption starts on Wednesday. The week is Wednesday to the following Tuesday