PART IIENTITLEMENT

Modification of entitlement provisions

4.—F1(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In relation to a woman in employed earner's employment who was confined before the 14th week before the expected week of confinement [F2section 164(2)(a) and (b) of the Contributions and Benefits Act] shall have effect as if for the conditions there set out, there was substituted the conditions that—

(a)she would but for her confinement have been in employed earner's employment with an employer for a continuous period of at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of confinement, and

(b)her normal weekly earnings for the period of 8 weeks ending with the week immediately preceding the week of her confinement are not less than the lower earnings limit in force under [F3under section 5(1)(a) of the Contributions and Benefits Act] immediately before the commencement of the week of her confinement.

[F4[F5(3) In relation to a woman to whom paragraph (2) applies, section 166 of the Contributions and Benefits Act shall be modified so that subsection (2) has effect as if the reference to the period of 8 weeks immediately preceding the 14th week before the expected week of confinement was a reference to the period of 8 weeks immediately preceding the week in which her confinement occurred.]]

Textual Amendments

F1Reg. 4(1) 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), 3(2)

F2Words in reg. 4(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), 3(3)(a)

F3Words in reg. 4(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), 3(3)(b)