# The Statutory Maternity Pay (General) (Amendment No. 2) Regulations (Northern Ireland) 2005, Regulation 2: Amendment of the Statutory Maternity Pay (General) Regulations


(1) The Statutory Maternity Pay (General) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) to (4).
(2) In regulation 1(2) (citation, commencement and interpretation) after the definition of “the 1986 Order” there shall be inserted the following definition –
““statutory maternity leave” means ordinary maternity leave and any additional maternity leave under, respectively, Articles 103 and 105 of the Employment Rights (Northern Ireland) Order 1996.”.
(3) In regulation 21 (normal weekly earnings) for paragraph (7) there shall be substituted the following paragraph –
“(7) In any case where –
(a) a woman is awarded a pay increase (or would have been awarded such an increase had she not been absent on statutory maternity leave); and
(b) that pay increase applies to the whole or any part of the period between the beginning of the relevant period and the end of her period of statutory maternity leave,
her normal weekly earnings shall be calculated as if such an increase applied in each week of the relevant period.”.
(4) For regulation 21B (effect of maternity allowance on statutory maternity pay) there shall substituted the following regulation –
“Effect of maternity allowance on statutory maternity pay
21B. Where a woman in any week which falls within the maternity pay period, is –
(a) in receipt of maternity allowance pursuant to the provisions of sections 35 and 35A of the Contributions and Benefits Act; and
(b) entitled to receive statutory maternity pay in consequence of receiving a pay increase referred to in regulation 21(7),
the employer shall not be liable to make payments of statutory maternity pay in respect of such a week unless, and to the extent by which, the rate of statutory maternity pay exceeds the rate of maternity allowance received by her in that week.”.

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Source: https://www.legislation.gov.uk/nisr/2005/134/regulation/2 (the official version)
Page: https://openlegislation.uk/statutory-maternity-pay-general-amendment-no-2-regulations-northern-ireland-2005/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.