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5. Where a person does not meet the conditions specified in section 167ZA(2)(b) to (d) of the Act because the child’s birth occurred earlier than the 14th week before the expected week of the birth, it shall have effect as if for the conditions there set out, there was substituted the conditions that–
(a)the person would, but for the date on which the birth occurred, have been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of the child’s birth;
(b)his normal weekly earnings for the period of 8 weeks ending with the week immediately preceding the week in which the child is born are not less than the lower earnings limit in force under section 5(1)(a) of the Act immediately before the commencement of the week in which the child is born.
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