1987 No. 416
The Social Security (Maternity Allowance) Regulations 1987
Made
Laid before Parliament
Coming into force
The Secretary of State for Social Services, in exercise of the powers conferred by section 22(3) of, and Schedule 20 to, the Social Security Act 1975 M1 and sections 84(1) and 89(1) of the Social Security Act 1986 M2, and of all other powers enabling him in that behalf, by this instrument, which is made before the end of the period of 12 months from the commencement of the enactments under which it is made, makes the following Regulations:—
1986 c. 50; section 84(1) is cited because of the meaning ascribed to the word “regulations”.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security (Maternity Allowance) Regulations 1987 and shall come into force on 6th April 1987.
2
In these Regulations —
“the Act” means the Social Security Act 1975;
“the 1986 Act” means the Social Security Act 1986.
F8“the 1992 Act” means the Social Security Contributions and Benefits Act 1992.
3
Unless the context otherwise requires, any reference in any of these regulations —
a
to a numbered paragraph is a reference to the paragraph bearing that number in that regulation; and
b
in these Regulations to a Schedule is to the Schedule to these Regulations.
F3Disapplication of section 1(1A) of the Administration ActF71A
Section 1(1A) of the Social Security Administration Act 1992 (requirement to state a national insurance number) shall not apply to an adult dependant who—
a
is a person in respect of whom a claim for an increase of maternity allowance is made;
b
is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act 1999; and
c
has not previously been allocated a national insurance number.
Disqualification for the receipt of a maternity allowanceF92
1
A woman shall be disqualified for receiving a maternity allowance under section 35 of the 1992 Act if during the maternity allowance period she does any work in employment as an employed or self-employed earner, for more than 10 days, whether consecutive or not, falling within that period.
2
The disqualification referred to in paragraph (1) shall be for such part of the maternity allowance period as may, in the opinion of the Secretary of State, be reasonable in the circumstances, provided that the disqualification shall, in any event, be for at least the number of days on which she so worked in excess of 10 days.
3
A woman shall be disqualified for receiving a maternity allowance under section 35B of the 1992 Act if during the maternity allowance period—
a
she works with S (as defined in subsection (1)(b) of that section); or
b
she does any work in employment as an employed or self-employed earner.
4
The disqualification referred to in paragraph (3) shall be for such part of the maternity allowance period as may, in the opinion of the Secretary of State, be reasonable in the circumstances and in any event shall be for at least the number of days she so worked.
F125
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F126
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7
A woman shall be disqualified for receiving maternity allowance under section 35 or 35B of the 1992 Act if at any time before she is confined she fails without good cause to attend for or to submit herself to any medical examination for which she was given at least 3 days notice in writing by or on behalf of the Secretary of State.
8
The disqualification referred to in paragraph (7) shall be for such part of the maternity allowance period (being a part beginning not earlier than the day on which the failure occurs) as may, in the opinion of the Secretary of State, be reasonable in the circumstances, except that in the event of her being confined after such failure the woman shall not by reason of such failure be so disqualified for the day on which the confinement occurs or any day thereafter.
Modification of the maternity allowance period3
1
F52
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F12A
In relation to a woman who–
a
is not entitled to maternity allowance at the 11th week before the expected week of confinement; and
b
subsequently becomes entitled to maternity allowance before being confined; and
c
has stopped work
the maternity allowance period shall be a period of F639 weeks commencing no earlier than the day she becomes entitled to maternity allowance and no later than the day following the day on which she is confined.
F112B
The provisions of section 35B of the 1992 Act which relate to the maternity allowance period shall, in relation to a woman who–
a
is not entitled to maternity allowance at the 11th week before the expected week of confinement;
b
subsequently becomes entitled to maternity allowance before being confined; and
c
has ceased to work with S,
be modified in accordance with paragraph (2C).
2C
The maternity allowance period shall be a period of 14 weeks commencing—
a
on the day after she ceases work, or, if later, the day she becomes entitled to maternity allowance; and
b
no later than the day following the day on which she is confined.
F23
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F24
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F25
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F26
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Revocations and consequential amendments4
1
Subject to paragraph (2) —
a
the Regulations specified in column (1) of Part I of the Schedule to these Regulations are revoked to the extent mentioned in column (2) to the Schedule; and
b
the Regulations specified in column (1) of Part II of the Schedule to these Regulations are amended to the extent specified in column (2) to the Schedule.
2
The Regulations revoked in paragraph (1)(a) and those amended in paragraph (1)(b) shall nevertheless continue in force in their existing form in relation to a woman whose entitlement to a maternity allowance after 5th April 1987 arises otherwise than under section 22 of the Act as substituted by section 49(2) of and Part II of Schedule 4 to the 1986 Act.
Signed by authority of the Secretary of State for Social Services.
SCHEDULE
PART IREVOCATIONS AND PROVISIONS CONFERRING POWERS
1975 c. 14; section 22(3) was substituted by section 49(2) of and Part II of Schedule 4 to the Social Security Act 1986 (c. 50).
Column (1) | Column (2) | Column (3) |
|---|---|---|
Statutory Instrument | Extent of Revocation | Provisions conferring powers |
The Social Security (Maternity Benefit) Regulations 1975 (S.I. 1975/553). | Regulations 5(1), 6, 7, 9, 10 and 11. | Social Security Act 1975 M3, sections 17(2), 22(3) and 131. |
The Social Security (Miscellaneous Amendments) Regulations 1977 (S.I. 1977/1509). | Regulation 3(1) and in paragraphs (3) and (4) of regulation 3, the words “the said regulation 11”. | Social Security Act 1975, section 131. |
PART IICONSEQUENTIAL AMENDMENTS AND PROVISIONS CONFERRING POWERS
1975 c. 14; section 165A was inserted by Social Security Act 1985 (c. 53), section 17.
Column (1) | Column (2) | Column (3) |
|---|---|---|
Statutory Instrument | Amendment | Provisions conferring powers |
The Social Security (Miscellaneous Amendments) Regulations 1977 (S.I. 1977/1509). | In paragraphs (3) and (4) of regulation 3, for the words “each regulation” there shall be substituted the words | Social Security Act 1975, section 131. |
The Social Security (Claims and Payments) Regulations 1979 (S.I. 1979/628). | In Schedule 1, in the 2nd column of paragraph 5(d), for the words “regulation 6 of the Social Security (Maternity Benefit) Regulations 1975” there shall be substituted the words | Social Security Act 1975, section 165A(1) M5. |
1975 c. 14; section 22(3) was substituted by section 49(2) of and Part II of Schedule 4 to the Social Security Act 1986 (c. 50); Schedule 20 is cited because of the meaning ascribed to the words “prescribed” and “regulations”.