Social Security Contributions and Benefits Act 1992

Section 168.

SCHEDULE 13 E+W+S Relationship of statutory maternity pay with benefits and other payments etc

The general principle E+W+S

[F1 1 E+W+S Except as may be prescribed, a day which falls within the maternity pay period shall not be treated as a day of incapacity for work for the purposes of determining, for this Act, whether it forms part of a period of incapacity for work for the purposes of incapacity benefit.]

Textual Amendments

F1 Sch. 13 para. 1 substituted (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 37; S.I. 1996/2208, art. 2(b)

[F2 Incapacity benefit E+W+S

Textual Amendments

F2 Sch. 13 para. 2 and cross-heading substituted (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 45(3); S.I. 1994/2926, art. 2(4), Sch. Pt. 4

2 (1) Regulations may provide that in prescribed circumstances a day which falls within the ma ternity pay period shall be treated as a day of incapacity for work for the purpose of determin ing entitlement to the higher rate of short-term incapacity benefit or to long-term incapacity benefit. E+W+S

(2) Regulations may provide that an amount equal to a woman’s statutory maternity pay for a period shall be deducted from any such benefit in respect of the same period and a woman shall be entitled to such benefit only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.]

Contractual remuneration E+W+S

3 (1) Subject to sub-paragraphs (2) and (3) below, any entitlement to statutory maternity pay shall not affect any right of a woman in relation to remuneration under any contract of service (“contractual remuneration”). E+W+S

(2) Subject to sub-paragraph (3) below—

(a) any contractual remuneration paid to a woman by an employer of hers in respect of a week in the maternity pay period shall go towards discharging any liability of that employer to pay statutory maternity pay to her in respect of that week; and

(b) any statutory maternity pay paid by an employer to a woman who is an employee of his in respect of a week in the maternity pay period shall go towards discharging any liability of that employer to pay contractual remuneration to her in respect of that week.

[F3 (2A) In sub-paragraph (2) “week” means a period of seven days beginning with the day of the week on which the maternity pay period begins.]

(3) Regulations may make provision as to payments which are, and those which are not, to be treated as contractual remuneration for the purposes of sub-paragraphs (1) and (2) above.

Textual Amendments

F3 Sch. 13 para. 3(2A) inserted (1.10.2006) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 23; S.I. 2006/1682, art. 3(e)