C1C7C5C6C8C9Part 1Employment and support allowance

Annotations:
Modifications etc. (not altering text)
C1

Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(2) (as inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 12(6); S.I. 2008/787, art. 2(4)(f))

C5

Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C6

Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

Miscellaneous

20C1Relationship with statutory payments

I21

A person is not entitled to an employment and support allowance in respect of a day if, for the purposes of statutory sick pay, that day—

a

is a day of incapacity for work in relation to a contract of service, and

b

falls within a period of entitlement (whether or not it is a qualifying day).

I1I3C22

Except as regulations may provide, a woman who is entitled to statutory maternity pay is not entitled to F1a contributory allowanceF1an employment and support allowance in respect of a day that falls within the maternity pay period.

I1I33

Regulations may provide that—

a

an amount equal to a woman's statutory maternity pay for a period shall be deducted from F2a contributory allowanceF2an employment and support allowance in respect of the same period,

b

a woman shall only be entitled to F2a contributory allowanceF2an employment and support allowance if there is a balance after the deduction, and

c

if there is such a balance, a woman shall be entitled to F2a contributory allowanceF2an employment and support allowance at a weekly rate equal to it.

I1I3C34

Except as regulations may provide, a person who is entitled to statutory adoption pay is not entitled to F3a contributory allowanceF3an employment and support allowance in respect of a day that falls within the adoption pay period.

I1I35

Regulations may provide that—

a

an amount equal to a person's statutory adoption pay for a period shall be deducted from F4a contributory allowanceF4an employment and support allowance in respect of the same period,

b

a person shall only be entitled to F4a contributory allowanceF4an employment and support allowance if there is a balance after the deduction, and

c

if there is such a balance, a person shall be entitled to F4a contributory allowanceF4an employment and support allowance at a weekly rate equal to it.

I1I3C46

Except as regulations may provide, a person who is entitled to F7statutory shared parental pay is not entitled to F5a contributory allowanceF5an employment and support allowance in respect of F8a day that falls within a period in respect of which statutory shared parental pay is payable.

I1I37

Regulations may provide that—

a

an amount equal to a person's F9statutory shared parental pay for a period shall be deducted from F6a contributory allowanceF6an employment and support allowance in respect of the same period,

b

a person shall only be entitled to F6a contributory allowanceF6an employment and support allowance if there is a balance after the deduction, and

c

if there is such a balance, a person shall be entitled to F6a contributory allowanceF6an employment and support allowance at a weekly rate equal to it.

I28

In this section—

  • “the additional paternity pay period” has the meaning given in section 171ZEE(2) of the Contributions and Benefits Act;

  • “the adoption pay period” has the meaning given in section 171ZN(2) of that Act;

  • “the maternity pay period” has the meaning given in section 165(1) of that Act.