Regulation 82B Effect of statutory neonatal care pay on a contributory allowanceF1
This regulation applies where—
a claimant is entitled to statutory neonatal care pay and, on the day immediately preceding the first day in the neonatal care pay period—
is in a period of limited capability for work; and
satisfies the conditions for a contributory allowance in accordance with section 1(2)(a) of the Act; and
on any day during the statutory neonatal care pay period—
the claimant is in a period of limited capability for work; and
that day is not a day where that claimant is treated as not having limited capability for work.
Where this regulation applies, notwithstanding section 20(6) of the Act, a claimant who is entitled to statutory neonatal care pay is to be entitled to a contributory allowance in respect of any day that falls within the neonatal care pay period.
Where by virtue of paragraph (2) a person is entitled to a contributory 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 a contributory allowance is for part of a week) and only the balance, if any, of the contributory allowance is to be payable to that claimant.
In this regulation “neonatal care 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.
Annotations
Textual amendments
Notes on the whole SI
Textual amendments
- F1
Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.
- F2
Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.
- F3
Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.
- F4
Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.
- F5
- F6
- F7