Regulation 14 Pregnancy

A pregnant woman shall be treated as incapable of work—

(a)

on any day on which, because of her pregnancy, there is a serious risk of damage to her health or to the health of her unborn child if—

(i)

in a case where the own occupation test applies, she does not refrain from work in the occupation which is relevant for the purposes of that test; or

(ii)

in a case F1where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment, she does not refrain from work in any occupation; or

(b)

in the case of a woman whose expected or actual date of confinement has been certified in accordance with the Social Security (Medical Evidence) Regulations 1976, on any day in the period—

(i)

beginning with the first day of the 6th week before the expected week of her confinement or the actual date of her confinement, whichever is earlier; and

(ii)

ending on the 14th day after the actual date of her confinement,

if she would have no entitlement to a maternity allowance or statutory maternity pay were she to make a claim in respect of that period.

Annotations

Textual amendments

F1: Words in reg. 14(a)(ii) substituted (3.4.2000) by The Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1999 (S.I. 1999/3109), regs. 1(1), 2(7)