Part 1Employment and support allowance

Miscellaneous

20Relationship 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).

(2)

Except as regulations may provide, a woman who is entitled to statutory maternity pay is not entitled to F1a contributory allowance F1an 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 F2a contributory allowance F2an employment and support allowance in respect of the same period,

(b)

a woman shall only be entitled to F2a contributory allowance F2an 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 allowance F2an employment and support allowance at a weekly rate equal to it.

(4)

Except as regulations may provide, a person who is entitled to statutory adoption pay is not entitled to F3a contributory allowance F3an 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 F4a contributory allowance F4an employment and support allowance in respect of the same period,

(b)

a person shall only be entitled to F4a contributory allowance F4an 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 allowance F4an employment and support allowance at a weekly rate equal to it.

(6)

Except as regulations may provide, a person who is entitled to F5statutory shared parental pay is not entitled to F6a contributory allowance F6an employment and support allowance in respect of F7a 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 F8statutory shared parental pay for a period shall be deducted from F9a contributory allowance F9an employment and support allowance in respect of the same period,

(b)

a person shall only be entitled to F9a contributory allowance F9an 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 F9a contributory allowance F9an employment and support allowance at a weekly rate equal to it.

F10(7A)

Except as regulations may provide, a person who is entitled to statutory neonatal care pay is not entitled to an employment and support allowance in respect of a day that falls within a period in respect of which statutory neonatal care pay is payable.

(7B)

Regulations may provide that—

(a)

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

(b)

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

(8)

In this section—

F11...

“the adoption pay period” has the meaning given in section 171ZN(2) of F12the Contributions and Benefits Act;

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