The Statutory Maternity Pay (General) Regulations 1986

Notice of absence from work

23.—(1) Where a woman is confined before the beginning of the 14th week before the expected week of confinement, she shall be entitled to payments of statutory maternity pay only if—

(a) she gives notice to the person who will be liable to pay it [F1 of the date on which she was confined], and

(b) that notice is given within [F2 28 days] of the date she was confined or if in the particular circumstances that is not practicable, as soon as is reasonably practicable thereafter; and

(c) where the person so requests, the notice is in writing.

(2) Where a woman is confined before the date stated in a notice provided in accordance with [F3 section 164(4) of the Contributions and Benefits Act] as being the date her absence from work is due to begin, she shall be entitled to payments of statutory maternity pay only if—

(a) she gives a further notice to the person who will be liable to pay it specifying the date she was confined and the date her absence from work F4 ... began, and

(b) that further notice is given within [F5 28 days] of the date she was confined or if in the particular circumstances that is not practicable, as soon as is reasonably practicable thereafter; and

(c) where the person so requests, the notice is in writing.

(3) For the purposes of this regulation, a notice contained in an envelope which is properly addressed and sent by prepaid post shall be deemed to be given on the date on which it is posted.

[F6 (4) Subject to paragraph (5), section 164(4) of the Contributions and Benefits Act (statutory maternity pay-entitlement and liability to pay) shall not have effect in the case of a woman who leaves her employment with the person who will be liable to pay her statutory maternity pay after the beginning of the week immediately preceding the 14th week before the expected week of confinement.]

[F7 (5) A woman who is exempted from section 164(4) of the Contributions and Benefits Act by paragraph (4) but who is confined before the 11th week before the expected week of confinement shall only be entitled to statutory maternity pay if she gives the person who will be liable to pay it notice specifying the date she was confined.]

Textual Amendments

F1 Words in reg. 23(1)(a) substituted (24.11.2002) by The Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/2690), regs. 1(1)(a), 7(2)(a) (with reg. 1(2))

F2 Words in reg. 23(1)(b) substituted (24.11.2002) by The Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/2690), regs. 1(1)(a), 7(2)(b) (with reg. 1(2))

F3 Words in reg. 23(2) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security Maternity Benefits and Statutory Sick Pay (Amendment) Regulations 1994 (S.I. 1994/1367), regs. 1(2), 6(2)

F4 Words in reg. 23(2)(a) omitted (24.11.2002) by virtue of The Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/2690), regs. 1(1)(a), 7(3)(a) (with reg. 1(2))

F5 Words in reg. 23(2)(b) substituted (24.11.2002) by The Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/2690), regs. 1(1)(a), 7(3)(b) (with reg. 1(2))

F6 Reg. 23(4) substituted (24.11.2002) by The Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/2690), regs. 1(1)(a), 7(4) (with reg. 1(2))

F7 Reg. 23(4)(5) substituted (with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security Maternity Benefits and Statutory Sick Pay (Amendment) Regulations 1994 (S.I. 1994/1367), regs. 1(2), 6(3)