The Statutory Maternity Pay (General) (Amendment) Regulations 2005

Amendment of regulation 21B of the principal Regulations

4.  For regulation 21B of the principal Regulations (effect of maternity allowance on statutory maternity pay)(1), there shall be substituted the following regulation—

“Effect of maternity allowance on statutory maternity pay

21B.   Where a woman, in any week which falls within the maternity pay period, is—

(a) in receipt of maternity allowance pursuant to the provisions of sections 35 and 35A of the Contributions and Benefits Act(2); and

(b) entitled to receive statutory maternity pay in consequence of receiving a pay increase referred to in regulation 21(7),

the employer shall not be liable to make payments of statutory maternity pay in respect of such a week unless, and to the extent by which, the rate of statutory maternity pay(3) exceeds the rate of maternity allowance(4) received by her in that week.”.

(1)

Regulation 21B was inserted by S.I. 1996/1335.

(2)

Section 35(1) was substituted by the Welfare Reform and Pensions Act 1999 (c. 30), section 53(1). Section 35(3)(c) was added by regulation 2(3) of S.I.1994/1230. Section 35(3)(c) was further amended, and section 35(6A) to (6D) inserted, by the Employment Act 2002, Schedule 7, paragraph (4)(3) and (4) respectively. Section 35(6)(b) was amended by the Still-Birth (Definition) Act 1992 (c. 29), section 2(1)(a). Section 35A was inserted by the Welfare Reform and Pensions Act 1999, section 53(3) and further amended by the Employment Act 2002, section 48(1) and Schedule 7, paragraph 5.

(3)

See the Social Security Contributions and Benefits Act 1992, section 166(1) and (2) which was substituted by the Employment Act 2002, section 19.

(4)

See the Social Security Contributions and Benefits Act 1992 , section 35A(1).