The Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/606 |
| Year | 2014 |
2014No. 606
SOCIAL SECURITY
The Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations 2014
13thMarch2014
1stApril2014
The Secretary of State is designated( 1) for the purposes of section 2(2) of the European Communities Act 1972( 2) in relation to measures relating to allowances made to women on maternity leave.
In accordance with paragraph 2(2) of Schedule 2( 3) to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
The Secretary of State, in exercise of the power conferred by section 2(2) of that Act, makes the following Regulations.
Citation, commencement and application
1. (1) These Regulations may be cited as the Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations 2014.
(2) They come into force on 1stApril 2014.
(3) Regulation 2 applies in relation to the payment of maternity allowance in cases where a woman's expected week of confinement (within the meaning of section 35 of the Social Security Contributions and Benefits Act 1992( 4)) begins on or after 27th July 2014.
Amendment of the Social Security Contributions and Benefits Act 1992
2. (1) The Social Security Contributions and Benefits Act 1992( 5) is amended as follows.
(2) In section 21( 6) (contribution conditions), in subsection (1), after "section 35" insert "or 35B".
(3) In section 35 (state maternity allowance)-
(a) in the heading, after "allowance" insert "for employed or self-employed earner";(b) in subsections (1), (2), (3)(a), (3)(b)(i), (3)(b)(ii), (4) and (5), after "a maternity allowance" insert "under this section";(c) in subsection (7), after "maternity allowance" insert "under this section".(4) In section 35A( 7) (appropriate weekly rate of maternity allowance), in the heading, after "allowance" insert "under section 35".
(5) After section 35A (appropriate weekly rate of maternity allowance) insert-
"State maternity allowance for participating wife or civil partner of self-employed earner
35B.
(1) A woman (W) shall be entitled to a maternity allowance under this section, at the weekly rate given by subsection (3) below, if-(a) W has become pregnant and has reached, or been confined before reaching, the commencement of the 11th week before the expected week of confinement; and(b) for any part of the week in the case of at least 26 of the 66 weeks immediately preceding the expected week of confinement, W has worked with a person (S) who at the time of her doing so-(i) was her spouse or civil partner, and(ii) was engaged in employment as a self-employed earner; and(c) S is liable to pay a Class 2 contribution in respect of the 26 weeks referred to in paragraph (1)(b); and(d) W is not entitled to a maternity allowance under section 35 above, or statutory maternity pay, for the same week in respect of the same pregnancy.(2) In this section-(a) a reference to W working with S is a reference to W participating in the activities engaged in by S as a self-employed earner, performing the same tasks or ancillary tasks, without being employed by S or being in partnership with S;(b) a reference to W ceasing to work with S is a reference to W ceasing to do so either permanently or until after her confinement.(3) The rate of allowance under this section for any particular week is 90 per cent of the amount of the maternity allowance threshold for the tax year in which the week ends.(4) Subject to subsections (10) and (11) below, a maternity allowance under this section shall be payable for the period of 14 weeks ("the 14-week period") beginning as set out in subsection (5), (6), (7) or (8) below...To continue reading
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