Part 2ENTITLEMENT

Cases where there is no liability to pay statutory neonatal care pay

12.—(1) There is no liability to pay statutory neonatal care pay to a person in respect of any week—

(a)during any part of which the person who is entitled to that pay is entitled to statutory sick pay under Part 11 of the 1992 Act,

(b)following that in which the person entitled to it has died, or

(c)during any part of which the person who is entitled to that pay is—

(i)detained in legal custody, unless one of the circumstances in paragraph (2) applies, or

(ii)sentenced to a term of imprisonment and the sentence is not suspended.

(2) There is liability to pay statutory neonatal care pay in respect of any week during any part of which the person who is entitled to that pay is detained in legal custody where that person is—

(a)subsequently released without charge,

(b)subsequently found not guilty of any offence and is released, or

(c)convicted of an offence but does not receive a custodial sentence.