The Statutory Maternity Pay (General) Regulations 1986

Persons unable to act

31.—(1) Where in the case of any woman—

(a)statutory maternity pay is payable to her or she is alleged to be entitled to it;

(b)she is unable for the time being to act; and

(c)either—

(i)no receiver has been appointed by the Court of Protection with power to receive statutory maternity pay on her behalf, or

(ii)in Scotland, her estate is not being administrated by any tutor, curator or other guardian acting or appointed in terms of law,

the Secretary of State may, upon written application to him by a person who, if a natural person, is over the age of 18, appoint that person to exercise, on behalf of the woman any right to which she may be entitled under Part V of the 1986 Act and to deal on her behalf with any sums payable to her.

(2) Where the Secretary of State has made an appointment under paragraph (1)—

(a)he may at any time in his absolute discretion revoke it;

(b)the person appointed may resign his office after having given one month's notice in writing to the Secretary of State of his intention to do so; and

(c)the appointment shall terminate when the Secretary of State is notified that a receiver or other person to whom paragraph (1)(c) applies has been appointed.

(3) Anything required by Part V of the 1986 Act to be done by or to any woman who is unable to act may be done by or to the person appointed under this regulation to act on her behalf, and the receipt of the person so appointed shall be a good discharge to the woman's employer or former employer for any sum paid.