The Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations 2006

• Citation: S.I. 2006/2379
• Sections: 4

Section 1 Citation, application, commencement and interpretation

(1) These Regulations may be cited as the Statutory Maternity Pay, Social Security (Maternity Allowance) and Social Security (Overlapping Benefits) (Amendment) Regulations 2006.

(2) These Regulations shall apply to women whose expected week of confinement falls on or after 1st April 2007 and shall come into force on 1st October 2006.

(3) In these Regulations—

“the Maternity Allowance Regulations” means the Social Security (Maternity Allowance) Regulations 1987 ;

“the Overlapping Benefits Regulations” means the Social Security (Overlapping Benefits) Regulations 1979 ;

“the Statutory Maternity Pay Regulations” means the Statutory Maternity Pay (General) Regulations 1986 .

Section 2 Amendment of the Overlapping Benefits Regulations

(1) The Overlapping Benefits Regulations are amended as follows.

(2) For regulation 14(1) (provisions for adjusting benefit for part of a week) substitute—

(14)

(1) Where an adjustment falls to be made under these regulations for part of a week, benefit (whether under the Contributions and Benefits Act or otherwise) shall be deemed to be payable at a rate equal to one-seventh of the appropriate weekly rate for each day of the week in respect of any such benefit.

Section 3 Amendment of the Statutory Maternity Pay Regulations

(1) The Statutory Maternity Pay Regulations are amended as follows.

(2) For regulation 2 (the maternity pay period) substitute—

(2)

(1) Subject to paragraphs (3) to (5), where—

(a) a woman gives notice to her employer of the date from which she expects his liability to pay her statutory maternity pay to begin; and

(b) in conformity with that notice ceases to work for him in a week which is later than the 12th week before the expected week of confinement,

the first day of the maternity pay period shall be the day on which she expects his liability to pay her statutory maternity pay to begin in conformity with that notice provided that day is not later than the day immediately following the day on which she is confined.

(2) The maternity pay period shall be a period of 39 consecutive weeks.

(3) In a case where a woman is confined—

(a) before the 11th week before the expected week of confinement; or

(b) after the 12th week before the expected week of confinement and the confinement occurs on a day which precedes that mentioned in a notice given to her employer as being the day on which she expects his liability to pay her statutory maternity pay to begin,

section 165 of the Contributions and Benefits Act shall have effect so that the first day of the maternity pay period shall be the day following the day on which she is so confined.

(4) In a case where a woman is absent from work wholly or partly because of pregnancy or confinement on any day—

(a) which falls on or after the beginning of the 4th week before the expected week of confinement; but

(b) not later than the day immediately following the day on which she is confined,

the first day of the maternity pay period shall be the day following the day on which she is so absent.

(5) In a case where a woman leaves her employment—

(a) at any time falling after the beginning of the 11th week before the expected week of confinement and before the start of the maternity pay period, but

(b) not later than the day on which she is confined,

the first day of the maternity pay period shall be the day following the day on which she leaves her employment.

(3) After regulation 9 (no liability to pay statutory maternity pay) insert—

Working for not more than 10 days in the Maternity Pay Period

(9A) In a case where a woman does any work under a contract of service with her employer on any day, but for not more than 10 days (whether consecutive or not), during her maternity pay period, statutory maternity pay shall continue to be payable to the employee by the employer.

(4) For regulation 28 (rounding to avoid fractional amounts) substitute—

(28) Where any payment of statutory maternity pay is paid for any week or part of a week and the amount due includes a fraction of a penny, the payment shall be rounded up to the next whole number of pence.

Section 4 Amendment of the Maternity Allowance Regulations

(1) The Maternity Allowance Regulations are amended as follows.

(2) For regulation 2(1)(a) (disqualification for the receipt of a maternity allowance) substitute—

(a) during the maternity allowance period she does any work in employment as an employed or self-employed earner, for more than 10 days, whether consecutive or not, falling within that period and the disqualification shall be for such part of the maternity allowance period as may be reasonable in the circumstances, provided that the disqualification shall, in any event, be for the number of days on which she so worked in excess of 10 days;

(3) In regulation 3(2A) (modification of the maternity allowance period) for “26 weeks commencing with the week following that in which she stopped work” substitute “39 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”.