How this is calculated
Statutory Adoption Pay runs for up to 39 weeks. The first 6 weeks are paid at 90% of the employee's average weekly earnings with no upper cap. The remaining weeks are paid at the lower of that 90% figure and the flat statutory rate of £194.32 a week, which is the same rate used for maternity, paternity and shared parental pay for 2026/27.
Average weekly earnings are calculated over the eight-week relevant period ending with the matching week, using gross pay before tax and National Insurance. Irregular pay, bonuses paid in that window and salary sacrifice arrangements all affect the figure, so it is worth checking payslips rather than an annual salary divided by 52.
Employers recover most or all of the SAP they pay through PAYE, reducing what they hand over to HMRC. Small employers, those whose total Class 1 NIC liability in the qualifying tax year was £45,000 or less, recover 103%, an extra 3% as compensation for the employer NIC paid on the SAP itself. All other employers recover 92%.
Getting the qualifying conditions right
To qualify, the employee needs at least 26 weeks' continuous service with you ending in the matching week (the week they are notified of being matched with a child), and average weekly earnings at or above the lower earnings limit. One member of a couple can usually choose adoption pay while the other takes paternity or shared parental leave instead.
If the qualifying conditions are not met, the employee may still be entitled to Statutory Paternity Pay or, in some cases, nothing statutory at all, though a contractual scheme could still apply. Getting this wrong is a common payroll error precisely because adoption pay is claimed far less often than maternity pay.
Cash flow and recordkeeping for the employer
SAP is usually paid through normal payroll on the normal payday, so it appears on the payslip alongside any top-up the company chooses to offer. The recovery is claimed by deducting it from your PAYE, National Insurance and student loan liability for the period, or by applying to HMRC for advance funding if you cannot afford to wait.
Keep the matching certificate, the average weekly earnings calculation and the payment record for at least three years after the end of the tax year they relate to, in case of an HMRC compliance check.
What this means for your company
Treat the result as a planning figure for the 2026/27 tax year. If it changes what you were about to do, take a director's salary, a dividend, a large asset purchase or a filing decision, check it against your own accounts first. We can review the position with you and confirm the tax treatment before you commit.
Frequently asked questions
How many weeks is Statutory Adoption Pay paid for?
Up to 39 weeks, mirroring maternity pay. The first 6 weeks are paid at 90% of average weekly earnings, and the remaining up to 33 weeks at the lower of 90% of average weekly earnings or the flat statutory rate.
Can a company director claim Statutory Adoption Pay?
Yes, provided they are paid through PAYE as an employee of their own company and meet the continuous employment and earnings tests, in the same way as any other employee.
How does the employer get the money back?
By deducting the recoverable percentage, 92% or 103% for small employers, from the PAYE, NIC and student loan payment due to HMRC for that period, or by claiming advance funding if the deduction would leave you unable to pay.
Does Statutory Adoption Pay count for pension purposes?
Yes, qualifying earnings for auto-enrolment include statutory adoption pay, so employer and employee pension contributions normally continue to apply to it under the scheme rules.