C1C7C5C6C8C9C10C11C11C12C13C14C15Part 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and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)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Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C11

Pt. 1 applied (with modifications) (27.11.2016 for specified purposes, 6.4.2017 in so far as not already in force) by The Social Security (Northern Ireland Reciprocal Arrangements) (Amendment) Regulations 2016 (S.I. 2016/1050), reg. 2(2)

C12

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Ireland) Order 2019 (S.I. 2019/622), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C14

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.

C15

Pt. 1 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.

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 F5a contributory allowanceF5an 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 F6a contributory allowanceF6an employment and support allowance in respect of the same period,

b

a woman 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 woman shall be entitled to F6a contributory allowanceF6an 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 F7a contributory allowanceF7an 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 F8a contributory allowanceF8an employment and support allowance in respect of the same period,

b

a person shall only be entitled to F8a contributory allowanceF8an 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 F8a contributory allowanceF8an employment and support allowance at a weekly rate equal to it.

I1I3C46

Except as regulations may provide, a person who is entitled to F1statutory shared parental pay is not entitled to F9a contributory allowanceF9an employment and support allowance in respect of F2a 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 F3statutory shared parental pay for a period shall be deducted from F10a contributory allowanceF10an employment and support allowance in respect of the same period,

b

a person shall only be entitled to F10a contributory allowanceF10an 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 F10a contributory allowanceF10an employment and support allowance at a weekly rate equal to it.

I28

In this section—

  • F4...

  • “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.