Regulation 14 Transitional provisions relating to maternity allowance

(1)

Where a maternity allowance under the 1965 Act is payable to a former contributor for a period which commenced but was not completed before 6th April 1975, she shall be entitled without any claim being made for it, to a maternity allowance under the 1973 Act for such part of the period specified in section 17(2) of the 1973 Act as falls on or after 6th April 1975, and section 17(4) of that Act shall apply in her case in respect of every day in the said part of such period, so however that—

(a)

where she was entitled to the allowance at a reduced rate her entitlement in respect of that latter period shall be at the reduced rate in column 2 of Schedule 2 to these regulations which corresponds to the number of contributions of the appropriate class paid or credited in the relevant contribution year as shown in column 1 of that Schedule;

(b)

for the purposes of the said section 17(4), any day in the period falling before 6th April 1975 in respect of which she is entitled to earnings-related supplement of any benefit under the 1965 Act shall be treated as a day in respect of which she is entitled to earnings-related supplement of the corresponding benefit under the 1973 Act (but not so as to make a supplement payable under that section in respect of that day).

(2)

Where section 17(4) of the 1973 Act applies in respect of any day of a maternity allowance period which commences or which forms part of a period of interruption of employment which commenced within the transitional period, the earnings-related supplement of the allowance shall be calculated in accordance with the provisions for computing the weekly rate of earnings-related supplement of unemployment benefit and sickness benefit set out in section 2 of the National Insurance Act 1966 and such regulations made under it as are in force on 5th April 1975.

(3)

The Social Security (Maternity Allowance) (Transitional) Regulations 1974^f1 shall not apply to a woman who was not a former contributor.

(4)

For the purposes of the Social Security (Maternity Allowance) (Transitional) Regulations 1974, a former contributor who claims a maternity allowances and whose expected week of confinement begins after 13th July 1975 shall in respect of one year be deemed to—

(a)

have paid (in addition to any contributions actually paid under the 1965 Act) the number of contributions of the appropriate class equal to the number which results from dividing the earnings factor derived from contributions of a relevant class paid under the 1973 Act before the relevant time in respect of any one year by the lower earnings limits for that year, and

(b)

have been credited with (in addition to any contributions credited to her under the 1965 Act) a contributions of the appropriate class for each week before the relevant period each day of which is a day of interruption of employment or in respect of the whole of which she is entitled to injury benefit or unemployability supplement under the Industrial Injuries Act,

so however that where she has paid or would fall to be deemed to have been credited with contributions under sub-paragraph (b) in respect of 2 years, the one year to be taken into account shall be the same for both sub-paragraphs and shall be the one which produces the result which is more favourable to her.

(5)

Where a woman would be entitled to a maternity allowance under the 1973 Act but for the fact that she does not satisfy the contribution conditions as respects the number of contributions paid or credited in the relevant contribution period and—

(a)

paragraph (1) does not apply to her and her expected week of confinement ends before 20th March 1977, and

(b)

at least 26 contributions of the appropriate class or their equivalent have been paid F1... in respect of the relevant contribution period,

she shall be entitled to such an allowance at the reduced rate in column 2 of Schedule 2 to these regulations which corresponds to the number of contributions of the appropriate class paid or credited in the relevant contribution period as shown in column 1 of that Schedule.

Annotations

Textual amendments

F1: Words in reg. 14(5)(b) revoked (6.4.1975) by The Social Security (Miscellaneous Amendments and Transitional Provisions) Regulations 1975 (S.I. 1975/566), regs. 1, 4

Footnotes

f1: (1974 I, p. 458).