# Statutory Adoption Pay for an agency temp: 90% for 6 weeks, then £194.32 or 90% for 33, and the 26-week test worked on one matching date

> Statutory Adoption Pay lasts up to 39 weeks. A temp averaging £300 a week gets £1,620.00 for the first 6 weeks and £6,412.56 for the next 33, £8,032.56 in all.

- Page to cite: https://aeolookup.com/recruitment/statutory-adoption-pay-agency-temps-39-weeks-90-percent-first-6-weeks-matching-week-worked/
- Publisher: AEO Lookup (https://aeolookup.com/)
- Section: Recruitment agencies, AWR, right to work and the Conduct Regulations
- Published 21 October 2026
- Key fact: Statutory Adoption Pay is 90% of average weekly earnings for 6 weeks, then the lower of £194.32 and 90% for 33 weeks, 39 weeks in all. The cap bites at £215.91 a week (£194.32 divided by 0.9). A temp averaging £150 gets £135.00 for all 39 weeks (£5,265.00), one on £300 gets £1,620.00 plus £6,412.56 (£8,032.56), and one on £400 gets £2,160.00 plus £6,412.56 (£8,572.56). For a match in the week of Sunday 7 to Saturday 13 March 2027, 26 weeks counted back from the end of 13 March is 12 September 2026.
- Sources: GOV.UK, "Adoption pay and leave: Pay" (up to 39 weeks; 90% of average weekly earnings for the first 6 weeks; £194.32 or 90% of average weekly earnings, whichever is lower, for the next 33 weeks; the page did not state the tax year) and "Adoption pay and leave: Eligibility" (continuously employed for at least 26 weeks by the week matched with a child; average earnings of at least £129 a week before tax; adequate notice and evidence, both on a separate how-to-claim page that was not read; the page does not address agency workers). Read 21 October 2026.

A temp on a long assignment says the family has been approved to adopt and expects to be matched with a child in the spring. The consultant says "I'll check", and the question lands with payroll. The pay is arithmetic and a calendar, and it can be worked from two GOV.UK pages in a few minutes. Whether agency gaps break continuity, the pages do not answer, and this guide says where that line is.

## What GOV.UK says about the pay

The pay page gives a two-stage rate. Statutory Adoption Pay is paid for "up to 39 weeks": 90% of average weekly earnings for the first 6 weeks, then £194.32 or 90% of average weekly earnings, whichever is lower, for the next 33 weeks. The page does not say which tax year £194.32 belongs to, so check it against your payroll software before quoting it to a candidate.

## Where the cap bites

The two numbers cross at £194.32 divided by 0.9, which is **£215.91 a week**. Below that, the person gets 90% of their average for all 39 weeks. Above it, the first 6 weeks are 90% (which is more than £194.32) and the last 33 drop to the flat figure.

| Average weekly earnings | First 6 weeks (90%) | Next 33 weeks | Total over 39 weeks |
|---|---|---|---|
| £129.00 | £116.10 | £116.10 | £4,527.90 |
| £150.00 | £135.00 | £135.00 | £5,265.00 |
| £300.00 | £270.00 | £194.32 | £8,032.56 |
| £400.00 | £360.00 | £194.32 | £8,572.56 |

Our arithmetic, before any rounding your software applies. For the £300 temp: 6 x £270.00 is £1,620.00, 33 x £194.32 is £6,412.56, and together they come to £8,032.56. The same 39 weeks on assignment would have paid £11,700.00, so the gap is £3,667.44. Telling a candidate in advance is cheaper than the call after the first payslip.

## The test that sorts people out

The eligibility page sets out conditions for pay. The temp must:

1. have been continuously employed by the employer for at least 26 weeks "by the week you were matched with a child";
2. earn on average at least £129 a week before tax;
3. give adequate notice and supply evidence of the adoption (both are on the how-to-claim page, which I did not read).

For a match in the week of Sunday 7 to Saturday 13 March 2027, counting 26 weeks back from the end of Saturday 13 March gives **12 September 2026**. On that reading, a temp who started with the agency after that date misses the test, even if the assignment has run every week since. The page says "by the week", and I have taken that to mean the end of the matching week; confirm the exact day your payroll uses. The page gives different tests for overseas adoption and surrogacy, which are not worked here.

## What the pages do not say

The pay page does not say the person must be an employee; the leave section does. GOV.UK does not address agency workers, or how a gap between two assignments affects "continuous employment". I have not read the statutory rules on either, so I have not worked a case with a gap, and payroll should confirm the agency's own treatment before telling a candidate they qualify.

## What to collect when a temp mentions it

- **Expected matching date, in writing.** The 26-week cut-off is worked back from it.
- **Start date of the first assignment with the agency, and any gaps since.** This is the continuity evidence.
- **Average weekly earnings over the lookback your payroll uses.** Without it the 90% figure is a guess.
- **Which route applies?** Domestic adoption, overseas adoption and surrogacy have different tests.

The same continuity logic sits behind [statutory paternity pay for agency temps](https://aeolookup.com/recruitment/statutory-paternity-pay-agency-temps-194-32-or-90-percent-26-weeks-qualifying-week-worked/) and [statutory maternity pay](https://aeolookup.com/recruitment/statutory-maternity-pay-agency-temps-26-weeks-qualifying-week-who-pays/), and the question of who pays also arises with [statutory sick pay](https://aeolookup.com/recruitment/statutory-sick-pay-agency-temps-who-pays-when-it-ends/).

Overlyft ![](https://aeolookup.com/img/d/ours-badge.png) builds AI staff who join your payroll team and, when a temp mentions a matching date, work out the 26-week cut-off and the two-stage weekly figures from the payroll record, then queue the draft reply for a person to check and approve.

This is general information, not payroll or legal advice. Check GOV.UK and your payroll software before you confirm entitlement.

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General information for UK small firms, not legal, tax or financial advice.