The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025

Amendment to the Employment and Support Allowance Regulations 2008

14.—(1) The Employment and Support Allowance Regulations 2008(1) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), at the appropriate place insert—

““neonatal care leave” means leave under section 80EF of the Employment Rights Act 1996;”.

(3) In regulation 43 (circumstances under which partners of claimants entitled to an income-related allowance are not to be treated as engaged in remunerative work), in paragraph (3)—

(a) after “parental bereavement leave”, for “or” substitute “,”;

(b) after “adoption leave”, insert “or neonatal care leave”.

(4) After regulation 82A (effect of statutory shared parental pay on a contributory allowance), insert—

“Effect of statutory neonatal care pay on a contributory allowance

82B.— (1) This regulation applies where—

(a) a claimant is entitled to statutory neonatal care pay and, on the day immediately preceding the first day in the neonatal care pay period—

(i) is in a period of limited capability for work; and

(ii) satisfies the conditions for a contributory allowance in accordance with section 1(2)(a) of the Act; and

(b) on any day during the statutory neonatal care pay period—

(i) the claimant is in a period of limited capability for work; and

(ii) that day is not a day where that claimant is treated as not having limited capability for work.

(2) Where this regulation applies, notwithstanding section 20(6) of the Act, a claimant who is entitled to statutory neonatal care pay is to be entitled to a contributory allowance in respect of any day that falls within the neonatal care pay period.

(3) Where by virtue of paragraph (2) a person is entitled to a contributory allowance for any week (including part of a week), the total amount of such benefit payable to that claimant for that week is to be reduced by an amount equivalent to any statutory neonatal care pay to which that claimant is entitled in accordance with Part 12ZE of the Social Security Contributions and Benefits Act 1992 for the same week (or equivalent part of a week where entitlement to a contributory allowance is for part of a week) and only the balance, if any, of the contributory allowance is to be payable to that claimant.

(4) In this regulation “neonatal care period” means the weeks in respect of which statutory neonatal care pay is payable to a person under section 171ZZ16 of the Social Security Contributions and Benefits Act 1992.”.

(5) In regulation 95 (earnings of employed earners), in paragraph (2)(b)—

(a) after “parental bereavement leave” for “or” substitute “,”;

(b) after “adoption leave” insert “or neonatal care leave”.

(6) In Schedule 6 (housing costs), in paragraph 2 (remunerative work), in sub-paragraph (5)—

(a) after “parental bereavement leave” for “or” substitute “,”;

(b) after “adoption leave” insert “or neonatal care leave”.

(7) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), in paragraph 4—

(a) after “parental bereavement leave” for “or” substitute “,”;

(b) after “adoption leave” insert “or neonatal care leave”.

(1)

S.I. 2008/794; relevant amending instruments are S.I. 2013/630, S.I. 2014/3255 and S.I. 2020/354.