C7C8C9C10C11C12C13C4C5C6PART 1EMPLOYMENT AND SUPPORT ALLOWANCE

Annotations:
Modifications etc. (not altering text)
C7

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.R.) by The Social Security (Ireland) Order (Northern Ireland) 2019 (S.R. 2019/77), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C11

Pt. 1 modified (coming into operation in accordance with art. 1 of the amending S.R.) by The Social Security (Switzerland) Order (Northern Ireland) 2021 (S.R. 2021/277), art. 2, Sch.

C13

Pt. 1 modified (coming into force in accordance with art. 1(3) of the amending Rule) by The Social Security (Gibraltar) Order (Northern Ireland) 2024 (S.R. 2024/21), art. 2(2)(f)

Miscellaneous

I120Relationship with statutory payments

1

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).

C12

Except as regulations may provide, a woman who is entitled to statutory maternity pay is not entitled to F8an employment and support allowance in respect of a day that falls within the maternity pay period.

3

Regulations may provide that—

a

an amount equal to a woman's statutory maternity pay for a period shall be deducted from F5an employment and support allowance in respect of the same period,

b

a woman shall only be entitled to F5an 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 F5an employment and support allowance at a weekly rate equal to it.

C24

Except as regulations may provide, a person who is entitled to statutory adoption pay is not entitled to F9an employment and support allowance in respect of a day that falls within the adoption pay period.

5

Regulations may provide that—

a

an amount equal to a person's statutory adoption pay for a period shall be deducted from F6an employment and support allowance in respect of the same period,

b

a person shall only be entitled to F6an 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 F6an employment and support allowance at a weekly rate equal to it.

C36

Except as regulations may provide, a person who is entitled to F1statutory shared parental pay is not entitled to F10an employment and support allowance in respect of F2a day that falls within a period in respect of which statutory shared parental pay is payable.

7

Regulations may provide that—

a

an amount equal to a person's F3statutory shared parental pay for a period shall be deducted from F7an employment and support allowance in respect of the same period,

b

a person shall only be entitled to F7an 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 F7an employment and support allowance at a weekly rate equal to it.

8

In this section—

  • F4...

  • “adoption pay period” has the meaning given in section 167ZN(2) of that Act;

  • “maternity pay period” has the meaning given in section 161(1) of that Act.