PART IVGENERAL PROVISIONS

F1Effect of maternity allowance on statutory maternity pay21B

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.