Statutory Paternity Pay What is Statutory Paternity Pay? Understand SPP rates, eligibility, and how to claim paternity pay in the UK.
Last updated: 30 January 2025 Statutory Paternity Pay supports fathers and partners taking time off around the birth or adoption of a child.
What Is Statutory Paternity Pay?
Overview
SPP is:
Government-mandated minimum pay
For eligible fathers and partners
During paternity leave
Up to 2 weeks
2024-25 Rate
Rate Amount Weekly rate £184.03 Or 90% of average earnings You get Whichever is lower
Eligibility Requirements
Who Qualifies
You must:
Requirement Detail Be employed Employee status 26 weeks' service By 15th week before due date Earn £123+/week Lower earnings limit Correct relationship Father, partner, or surrogate parent Taking leave To care for child
Employment Service
You need:
26 weeks continuous employment
By qualifying week (15th week before EWC)
With the same employer
Earnings Threshold
Calculation Detail Average over 8 weeks Relevant period Must reach £123 Per week Gross earnings Before tax
Eligible Relationships
Relationship Eligible? Biological father Yes Mother's spouse/partner Yes Intended parent (surrogacy) Yes Same-sex partner Yes Not in relationship but biological father Yes
How Long Is SPP Paid?
Duration
Option Weeks One week 1 week SPP Two weeks 2 weeks SPP
New Flexibility (from April 2024)
Before April 2024 From April 2024 Must be consecutive Can split into separate weeks Within 56 days of birth Within 52 weeks of birth One block only Two separate blocks possible
Claiming SPP
Notification
Requirement Timing Tell employer 15 weeks before due date Provide SC3 form or equivalent Include Due date, leave dates, declaration
What to Provide
Information Detail Baby's due date Or placement date Leave start date When starting paternity leave Duration 1 or 2 weeks Declaration That you meet eligibility
Changing Dates
Situation Notice Required Change leave dates 28 days (where possible) Early birth As soon as reasonably practicable
SPP vs Occupational Paternity Pay
What Employer Offers
Check your contract for:
Type Meaning SPP only Just the statutory amount Enhanced paternity pay Employer tops up SPP Occupational scheme Separate employer scheme
Common Enhancements
Enhancement Example Full pay 2 weeks at normal salary Additional weeks More than 2 weeks Top-up SPP + extra to reach normal pay
When SPP Is Paid
Payment Timing
Aspect Detail When paid Through normal payroll Tax Normal tax deductions NI Normal NI deductions Payslip Should show SPP
During Leave
Week Payment Week 1 SPP in normal pay cycle Week 2 SPP in normal pay cycle
Adoption and Surrogacy
Adoption
Same rules apply if:
You're adopting a child
Must meet eligibility
Leave from placement date
Surrogacy
If you're intended parent:
Must apply for parental order
One parent can claim SPP
The other can claim statutory adoption pay
If You Don't Qualify
Why You Might Not Qualify
Reason Position Not enough service Cannot claim SPP Earnings too low Cannot claim SPP Self-employed No SPP entitlement Agency worker (gaps) Check continuity
Alternatives
Situation Option Don't qualify for SPP May still get unpaid leave Self-employed No statutory entitlement New job Check specific position
Paternity Leave Without Pay
Unpaid Leave Right
Even without SPP, you may have:
Right to unpaid paternity leave
Up to 2 weeks
Same eligibility rules mostly
But no pay
SPP and Other Benefits
Universal Credit
Situation Effect On UC SPP counts as income Report Tell DWP about SPP
Other Benefits
Benefit SPP Effect Tax credits SPP is income Housing benefit SPP is income Child benefit Can claim additionally
Employer's Role
Responsibilities
Duty Action Check eligibility Assess if criteria met Process request Handle SC3 form Pay SPP Through payroll Record keeping Maintain records
Reclaim from HMRC
Employers can reclaim:
Most employers: recover through PAYE
Small employers: 100% plus compensation
Large employers: 92% recovery
If SPP Is Refused
Getting Reasons
Ask for:
Written explanation
Which criteria not met
Evidence considered
If You Disagree
Step Action Check criteria Were you eligible? Challenge decision Ask employer to reconsider HMRC dispute HMRC can decide disputed claims Tribunal If discrimination element
Shared Parental Leave Option
Instead of or With
Consider:
Option What Happens Take SPP only 1-2 weeks paternity Convert to SPL Give up paternity, share more leave Both Take paternity, then shared parental
Why Consider SPL
SPL Benefit Detail More time Up to 50 weeks total (shared with partner) Flexibility Take in blocks Shared pay ShPP available
Planning Your Leave
Decisions to Make
Decision Options How many weeks 1 or 2 When to take Around birth or later Consecutive or split New flexibility SPL conversion Additional leave option
Practical Tips
Tip Reason Apply early 15 weeks before due date Plan finances Check what you'll receive Consider SPL More flexibility Check enhanced pay May get more from employer
Record Keeping
What to Keep
Document Why SC3 form Your application Employer response Confirmation Payslips Payment records Birth certificate Proof of birth
Frequently Asked Questions
How much is Statutory Paternity Pay? SPP is £184.03 per week (2024-25 rate) or 90% of your average weekly earnings, whichever is lower. It's paid for 1 or 2 weeks depending on your choice.
Who qualifies for Statutory Paternity Pay? You qualify if you're employed, have 26 weeks' service by the 15th week before the due date, earn at least £123/week, are the biological father, mother's partner, or intended parent in surrogacy, and are taking time off to care for the child.
When can I take paternity leave? Paternity leave can be taken in blocks of one week, either consecutively or non-consecutively, within 52 weeks of the birth or placement. From April 2024, you have more flexibility in when you take it. Disclaimer: This information is for general guidance only and does not constitute legal advice. Employment law is complex and changes frequently. For specific situations, consult ACAS, a qualified employment lawyer, or HR professional.