11.—(1) Where in a certificate issued or having effect as issued under the Social Security (Medical Evidence) Regulations 1976 M1 it has been certified that it is to be expected that a woman will be confined, and she makes a claim for maternity allowance in expectation of that confinement any such claim may, unless the Secretary of State otherwise directs, be treated as a claim for [F1incapacity benefit][F2, severe disablement allowance or an employment and support allowance,] made in respect of any days in the period beginning with either–
(a)the beginning of the 6th week before the expected week of confinement; or
(b)the actual date of confinement,
whichever is the earlier, and ending in either case on the 14th day after the actual date of confinement.
(2) Where, in a certificate issued under the Social Security (Medical Evidence) Regulations 1976 it has been certified that a woman has been confined and she claims maternity allowance within [F3three months] of that date, her claim may be treated in the alternative or in addition as a claim for [F4incapacity benefit][F5, severe disablement allowance or an employment and support allowance,] for the period beginning with the date of her confinement and ending 14 days after that date.
Textual Amendments
F1Words in reg. 11(1) substituted (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 4
F2Words in reg. 11(1) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 17(a)
F3Words in reg. 11(2) substituted (7.4.1997) by The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997 (S.I. 1997/793), regs. 1(1)(b), 5
F4Words in reg. 11(2) substituted (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 4
F5Words in reg. 11(2) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 17(b)
Marginal Citations
M1S.I. 1976/615; the relevant amending instruments are S.I.s 1982/699, 1984/1303 and 1987/409.