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19. For the purposes of these Regulations, a mother or adopter is treated as returning to work if one of the following situations applies—
(a)in a case where a mother is entitled to maternity allowance, that payment is not payable to her by virtue of regulations made under section 35(3)(a)(i) of the Act(1);
(b)in a case where an adopter is entitled to statutory adoption pay, that payment is not payable to that person in accordance with section 171ZN(3) or (5) of the Act (2);
(c)in a case where a mother is entitled to statutory maternity pay, that payment is not payable to her in accordance with section 161(4) or (6) of the Act (3).
1992 c. 7. Section 35(3)(a)(i) was amended by the Work and Families (Northern Ireland) Order 2006, Schedule 1, paragraph 5.
Section 167ZN(3) was inserted by Article 6 of the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2)) and amended by the Work and Families (Northern Ireland) Order 2006, Schedule 1, paragraph 20(1) and (2).
Section 161(4) was amended by the Work and Families (Northern Ireland) Order 2006, Schedule 1, paragraph 6(1) and (3).
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