SCHEDULENeonatal care leave and pay

PART 3Further amendments to do with neonatal care leave and pay

Welfare Reform Act 2007

I155

1

Section 20 of the Welfare Reform Act 2007 (relationship with statutory payments) is amended as follows.

2

After subsection (7) insert—

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.

3

The references to an employment and support allowance in new subsections (7A) and (7B), and in sub-paragraph (4) of this paragraph, are references to an employment and support allowance payable under Part 1 of the Welfare Reform Act 2007 as amended by the Welfare Reform Act 2012.

4

For as long as a contributory allowance continues to be payable, new subsections (7A) and (7B) are to apply to a contributory allowance as they apply to an employment and support allowance.

5

In this paragraph—

a

new subsections (7A) and (7B)” means subsections (7A) and (7B) inserted by this paragraph into section 20 of the Welfare Reform Act 2007;

b

contributory allowance” has the meaning given by section 1(7) of the Welfare Reform Act 2007 before its repeal by the Welfare Reform Act 2012.

6

In subsection (8), in the definition of “the adoption pay period”, for “that Act” substitute “the Contributions and Benefits Act”.