Regulation 25 Return to work

For the purposes of these Regulations, a mother (“M”) or adopter (“A”) is treated as returning to work if one of the following situations applies—

(a)

in a case where M or A is entitled to maternity leave or to adoption leave in respect of a child (“C”), the leave period has ended;

(b)

in a case where M or A is entitled, in respect of C, to payment of:

(i)

maternity allowance, that payment is not payable by virtue of regulations made under section 35(3)(a)(i) of the Social Security Contributions and Benefits Act 1992^f1;

(ii)

statutory maternity pay, that payment is not payable in accordance with section 165(4) or (6) of the Social Security Contributions and Benefits Act 1992^f2; or

(iii)

statutory adoption pay, that payment is not payable in accordance with section 171ZN(3) or (5) of the Social Security Contributions and Benefits Act 1992 Act^f3;

(c)

in a case where both (a) and (b) apply, the conditions in both (a) and (b) are satisfied.

Annotations

Footnotes

f1: 1992 c. 4. Section 35(3)(a)(i) was amended by the Work and Families Act 2006, Schedule 1, paragraph 6.
f2: Section 165(4) was amended by the Work and Families Act 2006, Schedule 1, paragraph 7(1) and (3).
f3: Section 171ZN was inserted by section 2 of the Employment Act 2002 (c. 22) and amended by the Work and Families Act 2006, Schedule 1, paragraph 21(2) and (3).