Regulation 3 Modification of the maternity allowance period

(1)

F1Section 35(2) of the Social Security Contributions and Benefits Act 1992 (which relates to the maternity allowance period) shall be modified in accordance with F2paragraph (2A).

F3(2)

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F4(2A)

In relation to a woman who–

(a)

is not entitled to maternity allowance at the 11th week before the expected week of confinement; and

(b)

subsequently becomes entitled to maternity allowance before being confined; and

(c)

has stopped work

the maternity allowance period shall be a period of F539 weeks commencing no earlier than the day she becomes entitled to maternity allowance and no later than the day following the day on which she is confined.

F6(2B)

The provisions of section 35B of the 1992 Act which relate to the maternity allowance period shall, in relation to a woman who–

(a)

is not entitled to maternity allowance at the 11th week before the expected week of confinement;

(b)

subsequently becomes entitled to maternity allowance before being confined; and

(c)

has ceased to work with S,

be modified in accordance with paragraph (2C).

(2C)

The maternity allowance period shall be a period of 14 weeks commencing—

(a)

on the day after she ceases work, or, if later, the day she becomes entitled to maternity allowance; and

(b)

no later than the day following the day on which she is confined.

F7(3)

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(4)

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(5)

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(6)

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Annotations

Textual amendments

F1: Words in reg. 3(1) substituted (24.11.2002 with effect in accordance with reg. 1(2)) by Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/2690) , regs. 1(1)(a) , 15(2)
F2: Words in reg. 3(1) substituted (18.5.2014) by The Social Security (Maternity Allowance) (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/884), regs. 1, 2(4)(a)
F3: Reg. 3(2) omitted (24.11.2002 with effect in accordance with reg. 1(2)) by virtue of Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/2690) , regs. 1(1)(a) , 15(3)
F4: Reg. 3(2A) inserted (11.6.1994 with effect in accordance with reg. 1(3)) by The Social Security Maternity Benefits and Statutory Sick Pay (Amendment) Regulations 1994 (S.I. 1994/1367) , regs. 1(2) , 7(2)
F5: Words in reg. 3(2A) substituted (1.10.2006) by Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations 2006 (S.I. 2006/2379) , regs. 1(2) , 4(3) (with reg. 1(2) )
F6: Reg. 3(2B) - Reg. 3(2C) added (18.5.2014) by The Social Security (Maternity Allowance) (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/884), regs. 1, 2(4)(b)
F7: Reg. 3(3)-(6) omitted (7.4.1997) by virtue of The Social Security (Miscellaneous Amendments) (No.2) Regulations 1997 (S.I. 1997/793) , regs. 1(1)(b) , 18