- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (17/11/2000)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 24/11/2002
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There are currently no known outstanding effects for the The Statutory Maternity Pay (General) Regulations 1986, Section 21A.
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21A.—[F3(1) For the purpose of determining a woman’s entitlement to [F4short-term incapacity benefit at the higher rate or long-term incapacity benefit] under [F5section 30A of the Contributions and Benefits Act], a day which falls within the maternity pay period shall, notwithstanding paragraph 11 of Schedule 4 to the 1986 Act, be treated as a day of incapacity for work for the purpose of determining whether it forms part of a [F6period of incapacity for work] where—
(a)on that day she was incapable of work F7...; and
(b)that day is not treated under [F8section 30C(3) of the Contributions and Benefits Act] as a day which is not a day of incapacity for work, and
(c)the day immediately preceding the first day in the maternity pay period falls within either a [F9period of incapacity for work] of employment or a period of entitlement to statutory sick pay for the purposes of Part I of the Social Security and Housing Benefits Act 1982; and
(d)the woman either satisfied the contribution conditions specified for [F10short-term incapacity benefit] on the first day of incapacity for work to fall within that [F11period of incapacity for work] or would have satisfied those conditions had a claim for [F10short-term incapacity benefit] been made on the first or any subsequent day of incapacity for work falling within that period of entitlement.]
[F3(1A) Any day which, by virtue of paragraph (1), forms part of a period of [F12incapacity for work] shall be further treated, for the purposes of determining [F13entitlement to short-term incapacity benefit at the higher rate and long-term incapacity benefit under section 30A of the Contributions and Benefits Act, as being a day on which the woman has been entitled to short-term incapacity benefit].]
[F3(1B) For the purposes of this regulation, [F14"period of incapacity for work” has the same meaning as in section 30C(1) of the Contributions and Benefits Act].]
[F3(1C) The reference to a maternity pay period in paragraph (1) is to a maternity pay period which commenced on or after 6th May 1990.]
[F15(2) Where by virtue of paragraph (1) a woman is entitled to short-term incapacity benefit at the higher rate or long-term incapacity benefit for any week (including part of a week) the total amount of such benefit (including any increase for a dependant) payable to her for that week shall be reduced by an amount equivalent to any statutory maternity pay to which she is entitled in accordance with Part XII of the Contributions and Benefits Act for the same week and only the balance, if any, of the short-term incapacity benefit at the higher rate or long-term incapacity benefit shall be payable to her.]]
Textual Amendments
F1Reg. 21A inserted (6.4.1988) by The Statutory Maternity Pay (General) Amendment Regulations 1988 (S.I. 1988/532), regs. 1(1), 3
F2Words in reg. 21A heading substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 18(2)(a) (with Pt. III)
F3Regs. 21A(1)-(1C): regs. 21A(1)-(1C) substituted for reg. 21A(1) (6.5.1990) by The Statutory Maternity Pay (General) Amendment Regulations 1990 (S.I. 1990/622), regs. 1, 6
F4Words in reg. 21A(1) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 18(2)(b)(i) (with Pt. III)
F5Words in reg. 21A(1) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 18(2)(b)(ii) (with Pt. III)
F6Words in reg. 21A(1) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 18(2)(b)(iii) (with Pt. III)
F7Words in reg. 21A(1)(a) omitted (13.4.1995) by virtue of The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 18(2)(c) (with Pt. III)
F8Words in reg. 21A(1)(b) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 18(2)(d) (with Pt. III)
F9Words in reg. 21A(1)(c) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 18(2)(e) (with Pt. III)
F10Words in reg. 21A(1)(d) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 18(2)(f)(i) (with Pt. III)
F11Words in reg. 21A(1)(d) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 18(2)(f)(ii) (with Pt. III)
F12Words in reg. 21A(1A) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 18(2)(g)(i) (with Pt. III)
F13Words in reg. 21A(1A) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 18(2)(g)(ii) (with Pt. III)
F14Words in reg. 21A(1B) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 18(2)(h) (with Pt. III)
F15Reg. 21A(2) substituted (13.4.1995) by The Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 (S.I. 1995/829), regs. 1(1), 18(2)(i) (with Pt. III)
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