Statutory Maternity Pay (General) Amendment Regulations 1996

JurisdictionUK Non-devolved
CitationSI 1996/1335
Year1996

1996 No. 1335

TERMS AND CONDITIONS OF EMPLOYMENT

The Statutory Maternity Pay (General) Amendment Regulations 1996

Made 16th May 1996

Laid before Parliament 22th May 1996

Coming into force 12th June 1996

The Secretary of State for Social Security, in exercise of powers conferred by sections 164(9)(a), 171(1) and (6) and 175(1) to (3) of the Social Security Contributions and Benefits Act 19921and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it2, hereby makes the following Regulations:

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Statutory Maternity Pay (General) Amendment Regulations 1996 and shall come into force on 12th June 1996.

(2) In these Regulations “the principal Regulations” means the Statutory Maternity Pay (General) Regulations 19863.

S-2 Amendment of regulation 21 of the principal Regulations

Amendment of regulation 21 of the principal Regulations

2. In regulation 21 (normal weekly earnings) after paragraph (6) there shall be inserted the following paragraph—

S-7

“7 In any case where a woman receives a back-dated pay increase which includes a sum in respect of a relevant period, normal weekly earnings shall be calculated as if such a sum was paid in that relevant period even though received after that period..”

S-3 Insertion of regulation 21B into the prinicipal Regulations

Insertion of regulation 21B into the prinicipal Regulations

3. After regulation 21A (effect of statutory maternity pay on incapacity benefit)4there shall be inserted the following regulation—

Effect of maternity allowance on statutory maternity pay

S-21B

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 section 35(1A)5of the Contributions and Benefits Act; and

(b) entitled to receive statutory maternity pay in consequence of receiving a back-dated pay increase which includes a sum in respect of the relevant period;

the employer shall only be liable to make payments of statutory maternity pay in respect of such week of an amount equal to the amount (if any) by which the rate of statutory maternity pay6exceeds the rate of maternity allowance7received by her in that week..”

Oliver Heald

Parliamentary Under-Secretary of...

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