# Statutory Paternity Pay for an agency temp: £194.32 or 90% of earnings, whichever is lower, and the 26-week test worked on one due date

> Statutory Paternity Pay is £194.32 or 90% of average weekly earnings, whichever is lower. A temp on £150 a week gets £135.00; the cap bites at £215.91.

- Page to cite: https://aeolookup.com/recruitment/statutory-paternity-pay-agency-temps-194-32-or-90-percent-26-weeks-qualifying-week-worked/
- Publisher: AEO Lookup (https://aeolookup.com/)
- Section: Recruitment agencies, AWR, right to work and the Conduct Regulations
- Published 13 October 2026
- Key fact: Statutory Paternity Pay is the lower of £194.32 and 90% of average weekly earnings, so the cap bites at £215.91 a week (£194.32 divided by 0.9). A temp averaging £150 gets £135.00, one on £129 gets £116.10, and one on £400 gets £194.32. For a baby due Monday 15 March 2027 the qualifying week is Sunday 29 November to Saturday 5 December 2026, so 26 weeks of continuous employment must be reached by 6 June 2026 at the latest.
- Sources: GOV.UK, "Paternity Pay and Leave: Pay" (statutory weekly rate £194.32, or 90% of average weekly earnings, whichever is lower; the page did not state the tax year) and "Paternity Pay and Leave: Eligibility" (paternity leave from the first day of employment; paternity pay needs employment up to the date of birth, average earnings of at least £129 a week before tax, 26 weeks of continuous employment by the end of any day in the qualifying week, which is the 15th week before the baby is due; the page does not address agency workers). Read 13 October 2026.

A temp on a three-month assignment mentions that their partner is expecting in March. The consultant says "I'll check", and the question lands with payroll. Most of the answer is arithmetic and a calendar, and it can be worked from the GOV.UK pages in a few minutes. One part of it, 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 one sentence worth keeping: "The statutory weekly rate of Paternity Pay is £194.32, or 90% of your average weekly earnings (whichever is lower)." The page does not say which tax year that rate belongs to, so check it against your payroll software's current rates before you quote it to a candidate.

## Where the cap bites

Two numbers decide the weekly payment: £194.32 and 90% of what the temp earns on average. They cross at £194.32 divided by 0.9, which is **£215.91 a week**. Below that, the person gets 90% of their average. Above it, they get the flat £194.32.

| Average weekly earnings | 90% of earnings | Weekly paternity pay |
|---|---|---|
| £129.00 | £116.10 | £116.10 |
| £150.00 | £135.00 | £135.00 |
| £215.91 | £194.32 | £194.32 |
| £400.00 | £360.00 | £194.32 |

Our arithmetic, before any rounding your software applies. For a temp on £400 a week, two weeks of leave pays £388.64 while the same two weeks on assignment would have paid £800, a gap of £411.36 that candidates tend to notice only when the first payslip arrives. Telling them in advance is cheaper than the call afterwards.

## The test that sorts people out

The eligibility page sets out four conditions for pay, as distinct from leave. The temp must:

1. be employed by the same employer up to the date of birth;
2. earn an average of at least £129 a week before tax;
3. have been continuously employed by that employer for at least 26 weeks up to the end of any day in the qualifying week;
4. give the correct notice (the pay page leads to a separate page on that, which I did not read).

The qualifying week is "the 15th week before the baby is due". For a baby due on Monday 15 March 2027, the due week runs Sunday 14 March to Saturday 20 March. Counting back 15 weeks gives a qualifying week of **Sunday 29 November to Saturday 5 December 2026**. Twenty-six weeks before the end of Saturday 5 December is 6 June 2026, so a temp who started with the agency after that date misses the test on this due date, even if the assignment has been running every week since.

Leave is a lower bar. The page says a person is "eligible for Paternity Leave from the first day of employment", provided they are an employee and give the correct notice. So a temp can be entitled to the time off and still not qualify for the statutory pay.

## What the pages do not say

GOV.UK says the person must be an employee and refers to its employment status guidance for who counts. It does not address agency workers, and it does not say 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 a payroll team should confirm the agency's own treatment before a candidate is told they qualify.

One piece of the page is firm and useful: if the person is not eligible, the employer must tell them within 28 days and explain why, using form SPP1. That form is the agency's paperwork, and it is better filled in on the day the answer is known than at the deadline.

## What to collect when a temp mentions it

- **Due date, in writing.** The qualifying week is worked back from it.
- **Start date of the first assignment with the agency, and any gaps since.** This is the 26-week evidence.
- **Average weekly earnings over the lookback your payroll uses.** Without it the 90% figure is a guess.
- **Which relationship applies?** The page lists father, husband or partner of the mother, adopter, and intended parent in surrogacy.

The same qualifying-week logic sits behind [statutory maternity pay for agency temps](https://aeolookup.com/recruitment/statutory-maternity-pay-agency-temps-26-weeks-qualifying-week-who-pays/), and the question of who pays is also asked for [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 due date, work out the qualifying week, the 26-week cut-off and the weekly figure from the payroll record, then queue the draft reply and any SPP1 for a person to check.

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.