Education and Child Matters

I AM L.I.P

I am a Litigant In Person

Form SC5

Form you would use if you are an employee and would like to apply for paternity leave and pay when you have adopted a child from abroad.

 

WHAT IS FORM SC5 USED FOR?

Form SC4 is used to claim statutory (permitted by law or a requirement by law) paternity pay and leave if you are an employee and you become a parent through adopting a child from abroad. It is a self certification form.

Once this form is completed it must be given to your employer at least 28 days before you would like your paternity pay to start. Paternity leave is 1 – 2 weeks

Statutory paternity leave is the permitted time an employee is allowed to take off if one of the following apply:

1) You must be married or are in a civil partnership with another individual (including same sex) who is adopting a child on their own.

2) If you are adopting a child with your spouse, civil partner or partner (including same sex couples). If you are both of the same sex you and your partner must decide which one of you will take adoption pay and leave and which one of you will take paternity pay and leave.

3) You expect to have the main responsibility for a child with the adopter and are taking time off to care for the child.

You cannot have paternity leave before the birth of your baby or an adopted child has been placed with you. You have to take paternity leave in one go and within 8 weeks of your baby being born or adopted. 

How can you qualify statutory paternity pay & leave?

  1. You have to be an employee.
  2. You must earn on average £123,00 a week for at least 8 weeks before you qualify.
  3. You must have worked for your employer for 26 weeks before qualifying. 
  4. If you and your partner are adopting a child, to qualify for paternity leave you have been an employee where you work for 26 weeks before your child enters the UK if it is an overseas adoption. 
When are the start dates for your statutory paternity leave?
 

You can start your paternity leave from the date your overseas adopted child arrives in the UK or a date soon after as long as it is agreed with your employer

How much is paid during statutory paternity leave?
 

Paternity leave is paid leave. You will get paid for both weeks of your paternity leave. You will get one of the following depending which one is lower.

  1. £156.66 per week or
  2. 90% of your average weekly wages.

Tax and national insurance is deducted from statutory paternity pay.

If you would like to check whether you are entitled to paternity leave or pay please click the link below. 
 

ARE THERE ANY GOVERNMENT OR OUR OWN L.I.P HELP GUIDES OR WRITE UPS TO HELP YOU COMPLETE FORM SC5?

There is a government webpage called ‘paternity pay and leave’ that can help you. Please click on the link below.

LINK TO GOVERNMENT WEBPAGE FOR PATERNITY PAY & LEAVE

For background information you can read our webpage for statutory paternity pay and leave

LINK TO OUR L.I.P HELP GUIDE FOR STATUTORY PATERNITY PAY & LEAVE 

WHAT IS THE FEE TO GIVE FORM SC5 TO YOUR EMPLOYER?

There is no fee to give this form to your employer. 

HOW TO COMPLETE FORM SC5 AND WHERE TO SEND IT

  • NOTE 1 – You will have to complete form SC5 online then print a copy and give it to your employer. Please remember you cannot save the form as you go along. You must complete it in one go.
  • NOTE 2 – Please keep a copy of your form Sc5 and any attachments (if you are sending any) for yourself outside of the ones you send.
  • NOTE 3 – Please read page 1 and page 2 of your form on screen before you continue to complete the form.
  • You will be asked to input your surname, first name and national insurance number.
  • You will now be asked which date you were sent official notification of the adoption and is the child still to enter the UK or has entered the UK.
  • You will now be asked which date you would like your statutory paternity pay and leave to start on and whether you will have 1 or 2 weeks off work.
  • You will now be asked to date and sign a declaration
  • Once you have completed the declaration you can preview your form and print it.
  • Please give the form to your employer.

WHERE CAN YOU FIND FORM SC5/DOWNLOAD THIS FORM?

Please click on the link below to access form SC5 from the government website. 

LINK TO GOVERNMENT WEBSITE FOR FORM SC5

WHEN WAS FORM Sc5 FIRST PUBLISHED AND LAST UPDATED?

Form Sc5 was first published by the government (HM Revenue & Customs) on 04-04-2014 and it was last updated on 09-06-2015