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The Statutory Maternity Pay (General) Regulations 1986, Section 21B is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
21B. Where a woman, in any week which falls within the maternity pay period, is—
(a)in receipt of maternity allowance pursuant to the provisions of sections 35 and 35A of the Contributions and Benefits Act; and
(b)entitled to receive statutory maternity pay in consequence of [F2—
(i)receiving a pay increase referred to in regulation 21(7), or
(ii)being treated as having been paid retrospective earnings under regulation 20(4)(za),]
the employer shall not be liable to make payments of statutory maternity pay in respect of such a week unless, and to the extent by which, the rate of statutory maternity pay exceeds the rate of maternity allowance received by her in that week.]
Textual Amendments
F1Reg. 21B substituted (6.4.2005) by The Statutory Maternity Pay (General) (Amendment) Regulations 2005 (S.I. 2005/729), regs. 1(1), 4
F2Reg. 21B(b)(i)(ii) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security, Occupational Pension Schemes and Statutory Payments (Consequential Provisions) Regulations 2007 (S.I. 2007/1154), regs. 1(1), 4(4)
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