Regulation 5 Duration of a maternity allowance in respect of expectation of confinement

F1(1)

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(2)

Subject to paragraph (3), where a woman has become entitled to a maternity allowance in expectation of her confinement and the date of the confinement has not occured before the end of the expected week of confinement—

(a)

if she has not been confined before the end of the maternity allowance period, it shall be extended for a period of 6 weeks and thereafter if and so long as she has still not been confined, be further extended for a like period at intervals of 6 weeks; and

(b)

if she was confined before the end of the maternity allowance period, or before the end of that period as extended or further extended in accordance with sub-paragraph (a), it shall be extended or further extended until the end of the 6th week after the week in which she was confined.

(3)

No extension or further extension shall be made in accordance with paragraph (2)F2... unless—

(a)

the beneficiary gives to the Secretary of State written notice, in such form as is approved by him for the purpose, that it is still to be expected that she will be confined or (as the case may be) that she has been confined; and

(b)

that notice is given before the expiration of 6 weeks, or such longer period, not exceeding three months, as the determining authority may for good cause allow, calculated—

(i)

in a case falling within paragraph (2)(a), from the end of the maternity allowance period or that period as extended or further extended; or

(ii)

in a case falling within paragraph (2)(b), from the end of the week in which she was confined; and

(c)

the beneficiary thereafter furnishes sufficient evidence in confirmation of her notice.

Annotations

Textual amendments

F1: Reg. 5(1) revoked (6.4.1987) by virtue of The Social Security (Maternity Allowance) Regulations 1987 (S.I. 1987/416), regs. 1(1), Sch. Pt. 1 (with reg. 4(2))
F2: Word in reg. 5(3) omitted (1.4.1982) by The Social Security (Maternity Grant) Regulations 1981 (S.I. 1981/1157), regs. 1, 2(6)