The Social Security Maternity Benefits and Statutory Sick Pay (Amendment) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Statutory Maternity Pay (General) Regulations 1986 (“the Statutory Maternity Pay Regulations”), the Social Security (Maternity Allowance) Regulations 1987, (“the Maternity Allowance Regulations”), the Social Security (Maternity Allowance) (Work Abroad) Regulations 1987 (“the Maternity Allowance (Work Abroad) Regulations”) and the Statutory Sick Pay (General) Regulations 1982 (“the Statutory Sick Pay Regulations”).

These Regulations exercise powers under the Social Security Contributions and Benefits Act 1992 (as amended by the Maternity Allowance and Statutory Sick Pay Regulations 1994 (S.I. 1994/1230)) to implement the requirements of Council Directive 92/85/EEC in relation to allowances to be made to women on maternity leave.

They amend the Statutory Maternity Pay Regulations as follows–

• Regulation 2 provides that the maternity pay period begins from the week following the week in which a woman stops work whether or not this falls after the 6th week before the expected week of confinement. It further prescribes the beginning of the maternity pay period where a woman is absent from work wholly or partly because of pregnancy or confinement after the 6th week before the expected week of confinement.

• Regulation 3 provides that the entitlement provisions are no longer modified where a woman is dismissed or not offered a new contract of service before the qualifying week for statutory maternity pay.

• Regulation 4 prescribes an increase from £48.80 to £52.50 in the lower rate of statutory maternity pay.

• Regulation 5 amends the definition of normal weekly earnings.

• Regulation 6 amends regulation 23 of the Statutory Maternity Pay Regulations by omitting references to women dismissed because of pregnancy.

• Regulation 7 amends the Maternity Allowance Regulations by omitting references to the maternity allowance period ending not later than the end of the 11th week following the expected week of confinement and inserts a new definition of the maternity allowance period, where a woman was not entitled to maternity allowance at the 11th week before the expected week of confinement but subsequently becomes entitled.

• Regulation 8 amends the Maternity Allowance (Work Abroad) Regulations by substituting a reference to a period of employment of 66 weeks (instead of 52 weeks) for certain women employed abroad.

• Regulation 9 amends the Statutory Sick Pay Regulations by providing, where a woman is not entitled to maternity benefits and is incapable of work wholly or partly because of pregnancy after the 6th week before confinement, that her entitlement to statutory sick pay will end on that date, and it further provides that where a woman is not entitled to maternity benefits a period of entitlement to statutory sick pay shall not arise in such circumstances.

An assessment of the compliance costs for employers has been made and a copy has been placed in the libraries of both Houses of Parliament. Copies can be obtained by post from the Department of Social Security, Room 06/17, Adelphi, 1–11 John Adam Street, London, WC2N 6HT.