SCHEDULES

SCHEDULE 13 Relationship of Statutory Maternity Pay with Benefits and Other Payments, etc.

Section 158:

The general principle

1

Except as may be prescribed, a day which falls within the maternity pay period shall not be treated for the purposes of this Act as a day of unemployment or of incapacity for work for the purpose of determining whether it forms part of a period of interruption of employment.

Invalidity

2

1

Regulations may provide that in prescribed circumstances a day which falls within the maternity pay period shall be treated as a day of incapacity for work for the purpose of determining entitlement to an invalidity pension.

2

Regulations may provide that an amount equal to a woman’s statutory maternity pay for a period shall be deducted from invalidity benefit in respect of the same period and a woman shall be entitled to invalidity 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

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”).

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.

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.