PART 4Statutory paternity pay: provisions applicable to both statutory paternity pay (birth) and statutory paternity pay (adoption)

Cases where there is no liability to pay statutory paternity pay18.

F1(1)

There shall be no liability to pay statutory paternity pay in respect of any week—

(a)

during any part of which the person entitled to it is entitled to statutory sick pay under Part 11 of the Act;

(b)

following that in which the person claiming it has died; or

F2(c)

during any part of which the person entitled to it is detained in legal custody or sentenced to a term of imprisonment, except where that sentence is suspended (but see paragraph (2).

F3(2)

There is liability to pay statutory paternity pay in respect of any week during any part of which the person who is entitled to that pay is detained in legal custody where that person—

(a)

is released subsequently without charge,

(b)

is subsequently found not guilty of any offence and is released, or

(c)

is convicted of an offence but does not receive a custodial sentence.