PART 1EMPLOYMENT AND SUPPORT ALLOWANCE

Miscellaneous

Relationship with statutory payments20

(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).

F1(2)

Except as regulations may provide, a woman who is entitled to statutory maternity pay is not entitled to F2an employment and support allowance in respect of a day that falls within the maternity pay period.

(3)

Regulations may provide that—

F3(a)

an amount equal to a woman's statutory maternity pay for a period shall be deducted from F4an employment and support allowance in respect of the same period,

F3(b)

a woman shall only be entitled to F4an employment and support allowance if there is a balance after the deduction, and

F3(c)

if there is such a balance, a woman shall be entitled to F4an employment and support allowance at a weekly rate equal to it.

F5(4)

Except as regulations may provide, a person who is entitled to statutory adoption pay is not entitled to F6an employment and support allowance in respect of a day that falls within the adoption pay period.

(5)

Regulations may provide that—

F7(a)

an amount equal to a person's statutory adoption pay for a period shall be deducted from F8an employment and support allowance in respect of the same period,

F7(b)

a person shall only be entitled to F8an employment and support allowance if there is a balance after the deduction, and

F7(c)

if there is such a balance, a person shall be entitled to F8an employment and support allowance at a weekly rate equal to it.

F9(6)

Except as regulations may provide, a person who is entitled to F10statutory shared parental pay is not entitled to F11an employment and support allowance in respect of F12a day that falls within a period in respect of which statutory shared parental pay is payable.

(7)

Regulations may provide that—

F13(a)

an amount equal to a person's F14statutory shared parental pay for a period shall be deducted from F15an employment and support allowance in respect of the same period,

F13(b)

a person shall only be entitled to F15an employment and support allowance if there is a balance after the deduction, and

F13(c)

if there is such a balance, a person shall be entitled to F15an employment and support allowance at a weekly rate equal to it.

(8)

In this section—

F16...

“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.