The Statutory Maternity Pay (General) Amendment Regulations 1988

Explanatory Note

(This note is not part of the Regulations

These Regulations, which come into force on 6th April 1988, are made under powers contained in Part V of and Schedule 4 to the Social Security Act 1986 (“the 1986 Act”) as amended by the Social Security Act 1988, Schedule 4, paragraphs 16 and 19. These powers have not yet been in force for 12 months. Accordingly the Regulations are exempt, by section 61(5) of the 1986 Act, from reference to the Social Security Advisory Committee and are made without reference to that Committee.

Regulation 2 contains modifications of section 48 of the 1986 Act where a woman’s employment is ended, or her confinement occurs, before the 14th week before the expected week of confinement.

Regulation 3 enables a woman who was entitled to invalidity benefit immediately before the maternity pay period began to retain her entitlement during that period for so long as her incapacity persists, but the amount of benefit payable to her is abated by a sum equal to the amount of statutory maternity pay to which she is entitled.