Regulation 5 Maternity allowance period curtailment notification

(1)

A maternity allowance period curtailment notification must—

(a)

be given to the Secretary of State; and

(b)

specify the date on which M wants her maternity allowance period to end.

(2)

The date specified in accordance with paragraph (1)(b) must be—

(a)

the last day of a week;

(b)

if M has the right to maternity leave under section 71 (ordinary maternity leave) of the 1996 Act^f1, at least one day after the end of the compulsory maternity leave period or, if M does not have that right, at least two weeks after the end of the pregnancy;

(c)

at least eight weeks after the date on which M gives the maternity allowance period curtailment notification; and

(d)

at least one week before the last day of M’s maternity allowance period.

(3)

Where the Secretary of State considers it appropriate the eight week period set out in paragraph (2)(c) may be reduced in any particular case.

(4)

In paragraph (2)(b) “the end of the compulsory maternity leave period” means whichever is the later of—

(a)

the last day of the compulsory maternity leave period provided for in regulations under section 72(2) (compulsory maternity leave) of the 1996 Act^f2; or

(b)

where section 205 of the Public Health Act 1936^f3 (women not to be employed in factories or workshops within four weeks after birth of a child) applies to M’s employment, the last day of the period in which an occupier of a factory is prohibited from knowingly allowing M to be employed in that factory.

(5)

Where M—

(a)

returns to work before giving a notification under paragraph (1); and

(b)

subsequently gives such a notification;

the “maternity allowance period curtailment date” shall be the last day of the week in which that notification is submitted (irrespective of the date given in that notification under paragraph (1)).

(6)

For the purposes of paragraphs (2)(a) and (5), “week” has the meaning given in section 165(8) of the 1992 Act^f4 (the maternity pay period).

(7)

For the purposes of paragraph (5)(a), a woman is treated as returning to work where maternity allowance is not payable to her in accordance with regulation 2(1) of the Social Security (Maternity Allowance) Regulations 1987^f5 (disqualification for the receipt of a maternity allowance).

Annotations

Footnotes

f1: Section 71 was substituted by the Employment Relations Act 1999 (c. 26) (“the 1999 Act”), section 7, Schedule 4, Part 1. Section 71(3) was amended by the Work and Families Act 2006 (c. 18) (“the 2006 Act”), section 11(1), Schedule 1, paragraph 31. No other relevant amendments have been made to section 71.
f2: Section 72 was substituted by the 1999 Act, section 7, Schedule 4, Part 1.
f3: 1936 c. 49 as amended by the Statute Law (Repeals) Act 1993 (c. 50), section 1, Schedule 1, Part 14 and the Statute Law (Repeals) Act 2004 (c. 14), section 1, Schedule 1, Part 13.
f4: Section 165(8) was inserted by the 2006 Act, section 11(1), Schedule 1, paragraph 7(1) and (4).
f5: S.I.1987/416.