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The Statutory Maternity Pay (General) Regulations 1986
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- UK Statutory Instruments
- 1986 No. 1960
- PART IV
- Regulation 21
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Version Superseded: 06/04/2005
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Normal weekly earnings
21.—(1) For the purposes of [F1Part XII of the Contributions and Benefits Act], a woman's normal weekly earnings shall be calculated in accordance with the following provisions of this regulation.
(2) In this regulation—
“the appropriate date” means
“normal pay day” means
“day of payment” means
(3) Subject to paragraph (4), the relevant period for the purposes of [F3section 171(4) of the Contributions and Benefits Act] is the period between—
(a)the last normal pay day to fall before the appropriate date; and
(b)the last normal pay day to fall at least 8 weeks earlier than the normal pay day mentioned in sub-paragraph (a),
including the normal pay day mentioned in sub-paragraph (a) but excluding that first mentioned in sub-paragraph (b).
(4) In a case where a woman has no identifiable normal pay day, paragraph (3) shall have effect as if the words “day of payment” were substituted for the words “normal pay day” in each place where they occur.
(5) In a case where a woman has normal pay days at intervals of or approximating to one or more calendar months (including intervals of or approximating to a year) her normal weekly earnings shall be calculated by dividing her earnings in the relevant period by the number of calendar months in that period (or, if it is not a whole number, the nearest whole number), multiplying the result by 12 and dividing by 52.
(6) In a case to which paragraph (5) does not apply and the relevant period is not an exact number of weeks, the woman's normal weekly earnings shall be calculated by dividing her earnings in the relevant period by the number of days in the relevant period and multiplying the result by 7.
[F4(7) In any case where a woman receives a back-dated pay increase which includes a sum in respect of a relevant period, normal weekly earnings shall be calculated as if such a sum was paid in that relevant period even though received after that period.]
Textual Amendments
F1Words in reg. 21(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), 5(2)
F2Words in reg. 21(2) 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), 5(3)
F3Words in reg. 21(3) 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), 5(4)
F4Reg. 21(7) inserted (12.6.1996) by The Statutory Maternity Pay (General) Amendment Regulations 1996 (S.I. 1996/1335), regs. 1(1), 2
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