2.—(1) [F1Subject to paragraphs (3) to (5)], where a woman gives notice to her employer that she intends to stop work and does in fact stop work because of her pregnancy in a week which is later than the 12th week before the expected week of confinement, then the first week in the maternity pay period shall be the week following the week in which she stopped work, [F2or the week immediately following the week in which she is confined], whichever is the earlier.
[F3(2) The maternity pay period shall be a period of 18 consecutive weeks.]
(3) Where—
(a)a woman is confined before the 11th week before the expected week of confinement, or
(b)is confined after the 12th week F4... before the expected week of confinement and the confinement occurs in a week which precedes that mentioned in a notice given to her employer as being the week she intends to give up work,
the first week in the maternity pay period shall be the week after the week in which she is confined.
[F5(4) Subject to paragraph (5), where a woman is absent from work wholly or partly because of pregnancy or confinement on any day which falls on or after the beginning of the 6th week before the expected week of confinement, but not later than the week immediately following the week in which she is confined, the first week of her maternity pay period shall be the week which includes that day.]
[F5(5) Where–
(a)a woman is employed by an employer who is liable to pay her statutory maternity pay; and
(b)she is absent from work wholly or partly because of pregnancy or confinement on any day which falls on or after the beginning of the 6th week before the expected week of confinement but not later than the week immediately following the week in which she is confined; and
(c)she has worked for that employer or is entitled to statutory sick pay, on any day which falls on or after the start of the week in which the absence mentioned in sub–paragraph (b) above falls,
the first week of her maternity pay period shall be the week next following that day.]
Textual Amendments
F1Words in reg. 2(1) inserted (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), 2(2)(a)
F2Words in reg. 2(1) 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), 2(2)(b)
F3Reg. 2(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), 2(3)
F4Words in reg. 2(3)(b) omitted (with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Social Security Maternity Benefits and Statutory Sick Pay (Amendment) Regulations 1994 (S.I. 1994/1367), regs. 1(2), 2(4)
F5Reg. 2(4)(5) inserted (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), 2(5)