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)