# Finances



## ChocolateCake (May 7, 2015)

Hi

Not sure if anyone can help.  I have been told im not eligible for SAP by my supply teaching agency that I have been with for four years. such a shame as I only worked for another agency for about three weeks in Jan/Feb as I needed to work and wasn't offered enough by the usual agency. I am still registered with my original agency and work for them regularly. Is this break really whats stopping my SAP. I reaslise the hmrc site states you have to work continuously with same employer for 26 weeks.  What I would like to find out is if I would be able to claim anything in its place. Our agency were pleased im staying at home with LO but its just another stressor to worry about finances at the beginning of our placement. Any advice on alternate support would be much appreciated. Just whilst we get on our feet. Not confident about approaching our sw re this 

Thanks for reading


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## Jessica7 (Sep 1, 2014)

Hi there,

I have no experience of adoption whatsoever but your post just happened to catch my eye - I work in HR. You can find lots on SAP here - https://www.gov.uk/employers-adoption-pay-leave/eligibility

But in essence I think your agency would have a tough time proving that you would not be eligible in my opinion, as long as they pay tax and ni on your behalf. There are no exclusivity rules on adoption pay that I'm aware of.

Suggest you call an employment lawyer - but I wouldn't let it drop there. The agency workers regs are designed to protect agency workers.



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## Forgetmenot (Jun 22, 2010)

Also acas gave me some great advice last week x

http://m.acas.org.uk



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## littlepoppy86 (Feb 14, 2014)

I was under the impression the SAP element of pay was paid from the government and your employer gets it back from them? 

Sounds like you should certainly be entitled to it x


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## Rayofsunshine (Jul 28, 2013)

Call the adoption UK helpline they can get u free legal advise! 

Just like with Mat leave I'm sure there is an alternative, take a look on the gov. Uk website x


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## smudgerbabe (Sep 16, 2011)

ooh this is a grey area - you do have to be working for the same employer for 26 weeks but I'm not sure whether being registered still counts as working for the agency if you're not doing a job through them. I would think it does (after all it's not your fault if they don't get you the work!). However if you were working elsewhere they could argue that you were unable to work for them during that period. The other thing is that in the 8 weeks prior to the SAP starting you have to have earned a minimum amount. I would recommend getting a full reason for their refusal (there are guidelines for appealing SAP decision I think on the Gov Uk site) and then seek advice as others have recommended. Good luck! (You used to be able to get working tax credits but I don't know how that works now it is universal credit). Good luck!


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## ChocolateCake (May 7, 2015)

Hi 

Thank you all so much for your replies. I have spent quite some time trying to find out about this online this week, along with illness and DBS delay. We are all booked to meet our LO for first time this week but don't think will go ahead as my DBS not returned. Spent all last week calling as has been at police stage for about almost 50 days. just checked online and no sign of escalation yet. 

Thanks again for all your suggestions I will get some legal advice this week and let you know who it goes


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## Nieta (May 7, 2015)

Hi. I thought the recent adoption law changes in April got rid of the 26-week rule? 

How come you're only doing the DBS now? Shouldn't the agency have taken care of it ages ago? Waiting for that to come back must be very frustrating when you're so close already.


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## ChocolateCake (May 7, 2015)

Hi everyone 

Thanks to you guys I feel more hopeful. SAP will make such a difference to our life in the short term, not to mention stress levels. I am waiting for someone at Adoption Uk to get back to me, I explained my case seems a bit unusual as I have a couple of stints working for another agency in the time frame. I have just used the employer calculator on HMRC website and says im entitled to SAP and gives amounts which put a smile back on my face (and starts off higher than avg. sap amount - which you would have thought would make me entitled but there's the eligibility issue due to registering with second agency (as not so much work around Christmas) although bearing in mind still working for current agency and have been for four years. Fingers crossed but im still in the dark at the moment.

I'm not clear whether the 26 weeks work has to be immediately prior to adoption - don't know if anyone here can clarify?

HMRC info for employers states:

_Employees must: 
have worked for you continuously for at least 26 weeks by the week they were matched with a child 
_
in theory I have worked for them a lot longer 

Re our meeting our LO. Yes our agency should have updated our dbs prior but did not...cant believe all delay now. I keep checking online, its at print and post stage 5 but who knows wen it will arrive thru our letter box! seems so uneccessary that it was left 

thanks again for your support x


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## mafergal (Jul 31, 2013)

Hi, as Nieta said above the law changed in Apr & adoption leave is now a day 1 right so your employer is wrong. More is explained here;

://www.gov.uk/employers-adoption-pay-leave/entitlement

SAP is paid & it's something like 90% of pay for so many weeks, then SAP only. If you have been registered with your agency for 12 weeks you are also entitled to paid time off for up to 5 adoption related appointments. The link I posted it the govt guidance to employers so maybe give it to them to read (like I did as my employer stated I wouldn't be paid for foster to adopt, the guidance clearly says otherwise & they apologised). I think the HMRC guidance you posted is out of date, ie. pre Apr 2015 & now is generally applied by employers for enhanced adoption pay. Eg. I've been employed for more than 26 weeks & so my employer enhances my pay to full pay for 26 weeks.

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Hope this helps x


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## mafergal (Jul 31, 2013)

Just to add, if you google first4adoption, its the official England/Wales govt adoption information site they have a freephone number. Call them & I'm sure they'll clarify everything for you. Re. what you are entitled to. They have helped me loads in the past & gave me the link I've posted x

x


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## ChocolateCake (May 7, 2015)

thank you mafergal

I spoke with acas yesterday and explained my situation. they said im entitled and if any probs to call hmrc direct. I emailed my agency the example I had filled out on hmrc site but all has gone silent !! 

thanks for the links.


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