2000 No. 2883
The Statutory Maternity Pay (General) (Modification and Amendment) Regulations 2000
Made
Laid before Parliament
Coming into force
The Secretary of State for Social Security, in exercise of the powers conferred on him by sections 164(4), (9)(e) and (10), 165(1) and (3), 171(1) and 175(1) to (4) of the Social Security Contributions and Benefits Act 19921 and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals to make these Regulations should not be referred to it2, hereby makes the following Regulations:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Statutory Maternity Pay (General) (Modification and Amendment) Regulations 2000 and shall come into force on 17th November 2000.
2
In these Regulations—
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
“the Statutory Maternity Pay Regulations” means the Statutory Maternity Pay (General) Regulations 19863.
Modification of section 164(2)(a) of the Contributions and Benefits Act2
Subject to regulation 4, in relation to a woman who is dismissed, or whose employment is otherwise terminated without her consent, after the beginning of the week immediately preceding the 14th week before the expected week of confinement, section 164(2)(a) of the Contributions and Benefits Act (conditions of entitlement to statutory maternity pay) shall be modified and have effect so that the words, “, wholly or partly because of pregnancy or confinement” shall not apply.
Amendment of the Statutory Maternity Pay Regulations3
1
Subject to regulation 4, the Statutory Maternity Pay Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2 (the maternity pay period)4—
a
in paragraph (1) for the words “Subject to paragraphs (3) to (5)” there shall be substituted the words “Subject to paragraphs (3) to (6)”;
b
in paragraph (4) for the words “Subject to paragraph (5)” there shall be substituted the words “Subject to paragraphs (5) and (6)”; and
c
after paragraph (5) there shall be added the following paragraph—
6
Where a woman is dismissed, or her employment is otherwise terminated without her consent, before the maternity pay period has started, but after the beginning of the 11th week before the expected week of confinement and not later than the week immediately following the week in which she is confined, the first week of the maternity pay period shall be the week after the week in which her employment ends.
3
In regulation 23 (notice of absence from work)5 for paragraph (4) there shall be substituted the following paragraph—
4
Subject to paragraph (5), section 164(4) of the Contributions and Benefits Act (entitlement to statutory maternity pay dependent on notice to employer) shall not apply to a woman who leaves her employment with the person who will be liable to pay her statutory maternity pay after the beginning of the week immediately preceding the 14th week before the expected week of confinement, if she leaves because she is dismissed or if her employment is otherwise terminated without her consent.
Transitional provision4
In relation to a woman whose expected week of confinement begins before 4th March 2001, the Contributions and Benefits Act and the Statutory Maternity Pay Regulations shall have effect as if these Regulations were not in force.
Signed by authority of the Secretary of State for Social Security.
(This note is not part of the Regulations)