80.—(1) This regulation applies where—
(a)a woman is entitled to statutory maternity pay and on the day immediately preceding the first day in the maternity pay period—
(i)is in a period of limited capability for work, and
(ii)satisfies the conditions of entitlement to a contributory allowance in accordance with section 1(2)(a) of the Act; and
(b)on any day during the maternity pay period—
(i)she is in a period of limited capability for work, and
(ii)that day is not a day where she is treated as not having limited capability for work.
(2) Where this regulation applies, notwithstanding section 20(2) of the Act, a woman who is entitled to statutory maternity pay is to be entitled to a contributory allowance in respect of any day that falls within the maternity pay period.
(3) Where by virtue of paragraph (2) a woman is entitled to a contributory allowance for any week (including part of a week), the total amount of such benefit payable to her for that week is to be reduced by an amount equivalent to any statutory maternity pay to which she is entitled in accordance with Part 12 of the Contributions and Benefits Act 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 her.
81.—(1) This regulation applies where—
(a)a claimant is entitled to statutory adoption pay and, on the day immediately preceding the first day in the adoption pay period—
(i)is in a period of limited capability for work, and
(ii)satisfies the conditions of entitlement to a contributory allowance in accordance with section 1(2)(a) of the Act; and
(b)on any day during the adoption 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(4) of the Act, a claimant who is entitled to statutory adoption pay is to be entitled to a contributory allowance in respect of any day that falls within the adoption pay period.
(3) Where by virtue of paragraph (2) a claimant 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 adoption pay to which that claimant is entitled in accordance with Part 12ZB of the Contributions and Benefits Act(1) 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.
82.—(1) This regulation applies where—
(a)a claimant is entitled to additional statutory paternity pay and on the day immediately preceding the first day in the additional paternity pay period—
(i)is in a period of limited capability for work, and
(ii)satisfies the conditions of entitlement to a contributory allowance in accordance with section 1(2)(a) of the Act; and
(b)on any day during the additional statutory paternity 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(6) of the Act, a claimant who is entitled to additional statutory paternity pay is to be entitled to a contributory allowance in respect of any day that falls within the additional paternity pay period.
(3) 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 additional statutory paternity pay to which that claimant is entitled in accordance with Part 12ZA of the Contributions and Benefits Act(2) 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.
Commencement Information
I3Reg. 82 in operation at 27.10.2008 for specified purposes and otherwise in operation at 9.9.2010, see reg. 1(1)(3) and S.R. 2010/295, art. 2(a)
Part 12ZB was inserted by Article 6 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)) and amended by paragraph 269(2) of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c. 1), paragraph 103 of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and Article 4 of, and paragraph 20 of Schedule 1 to, the Work and Families (Northern Ireland) Order 2006 (S.I. 2006/1947 (N.I. 16)) and paragraph 1(7) of Schedule 7 and Schedule 8 to S.R. 2006 No. 261
Part 12ZA was inserted by Article 5 of the Employment (Northern Ireland) Order 2002 and amended by paragraph 268(2) of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003, Articles 8 to 12 of, and paragraphs 9 to 19 of Schedule 1 to, the Work and Families (Northern Ireland) Order 2006 and paragraph 1(5) of Schedule 7 and Schedule 8 to S.R. 2006 No. 261