The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025
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Change 1
21 Amendment to the Employment and Support Allowance Regulations 2013
(1) The Employment and Support Allowance Regulations 2013 are amended as follows. (2) After regulation 75A (effect of statutory shared parental pay on an employment and support allowance), insert— Effect of statutory neonatal care pay on an employment and support allowance 75B (1) This regulation applies where— (a) a claimant is entitled to statutory neonatal care pay and, on the day immediately preceding the first day in the neonatal care pay period the claimant— (i) is in a period of limited capability for work; and (ii) satisfies the conditions of entitlement to an employment and support allowance in accordance with section 1(2)(a) of the Act; and (b) on any day during the statutory neonatal care pay period— (i) that claimant is in a period of limited capability for work; and (ii) that day is not a day where that claimant is treated as not having limited capability for work. (2) Where this regulation applies, notwithstanding section 20(7A) of the Act, a claimant who is entitled to statutory neonatal care pay is to be entitled to an employment and support allowance in respect of any day that falls within the statutory neonatal care pay period. (3) Where by virtue of paragraph (2) a person is entitled to an employment and support allowance for any week (including part of a week), the total amount of such benefit payable to that claimant for that week is to be reduced by an amount equivalent to any statutory neonatal care pay to which that claimant is entitled in accordance with Part 12ZE of the Social Security Contributions and Benefits Act 1992 for the same week (or equivalent part of a week where entitlement to an employment and support allowance is for part of a week), and only the balance, if any, of the employment and support allowance is to be payable to that claimant. (4) In this regulation “statutory neonatal care pay period” means the weeks in respect of which statutory neonatal care pay is payable to a person under section 171ZZ16 of the Social Security Contributions and Benefits Act 1992. . (3) In regulation 80 (earnings of employed earners), in paragraph (2)(b), after “parental bereavement leave under section 80EA of that Act” insert “, neonatal care leave under section 80EF of that Act”.
21 Amendment to the Employment and Support Allowance Regulations 2013
(1) The Employment and Support Allowance Regulations 2013 are amended as follows. (2) After regulation 75A (effect of statutory shared parental pay on an employment and support allowance), insert— Effect of statutory neonatal care pay on an employment and support allowance 75B (1) This regulation applies where— (a) a claimant is entitled to statutory neonatal care pay and, on the day immediately preceding the first day in the neonatal care pay period the claimant— (i) is in a period of limited capability for work; and (ii) satisfies the conditions of entitlement to an employment and support allowance in accordance with section 1(2)(a) of the Act; and (b) on any day during the statutory neonatal care pay period— (i) that claimant is in a period of limited capability for work; and (ii) that day is not a day where that claimant is treated as not having limited capability for work. (2) Where this regulation applies, notwithstanding section 20(7A) of the Act, a claimant who is entitled to statutory neonatal care pay is to be entitled to an employment and support allowance in respect of any day that falls within the statutory neonatal care pay period. (3) Where by virtue of paragraph (2) a person is entitled to an employment and support allowance for any week (including part of a week), the total amount of such benefit payable to that claimant for that week is to be reduced by an amount equivalent to any statutory neonatal care pay to which that claimant is entitled in accordance with Part 12ZE of the Social Security Contributions and Benefits Act 1992 for the same week (or equivalent part of a week where entitlement to an employment and support allowance is for part of a week), and only the balance, if any, of the employment and support allowance is to be payable to that claimant. (4) In this regulation “statutory neonatal care pay period” means the weeks in respect of which statutory neonatal care pay is payable to a person under section 171ZZ16 of the Social Security Contributions and Benefits Act 1992. . (3) In regulation 80 (earnings of employed earners), in paragraph (2)(b), after “parental bereavement leave under section 80EA of that Act” insert “, neonatal care leave under section 80EF of that Act”.
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