1 Citation, commencement and interpretation

(1)    These Regulations may be cited as the Social Security (Maternity Allowance) (Earnings) (Amendment) Regulations 2003 and shall come into force on 6th April 2003.

(2)    In these Regulations—

“the principal Regulations” means the Social Security (Maternity Allowance) (Earnings) Regulations 2000.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2003: see para (1) above.

Benefits99 Welfare, Housing & Social Security Law99

2 Substitution of regulation 5 of the principal Regulations

2Substitution of regulation 5 of the principal Regulations

For regulation 5 of the principal Regulations (the specified period) there shall be substituted the following regulation—

“The specified period5

(1)    Subject to paragraph (2) below, for the purposes of section 35A(4) and (5) of the Contributions and Benefits Act, the specified period shall be the test period.

(2)    Where a woman is treated by virtue of regulation 3(a) above as having received payments for at least 13 weeks (whether consecutive or not) falling within the test period, the first 13 such weeks shall be the specified period.”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2003: see reg 1(1).

3 Amendment of regulation 6 of the principal Regulations

3Amendment of regulation 6 of the principal Regulations

For regulation 6(1) of the principal Regulations (determination of average weekly amount of specified payments) there shall be substituted the following paragraph—

“(1)    For the purposes of section 35A(4) of the Contributions and Benefits Act a woman's average weekly amount of specified payments shall, subject to paragraph (2), be determined by dividing by 13 the payments made, or treated in accordance with these Regulations as made, to her or for her benefit—

(a)    in the case of a woman to whom paragraph (2) of regulation 5 applies, in the 13 weeks referred to in that paragraph;

(b)    in any other case, in the 13 weeks (whether consecutive or not) falling within the specified period in which such payments are greatest.”.

NOTES
Initial Commencement
Specified date

Specified date: 6 April 2003: see reg 1(1).

Signature

Signed by authority of the Secretary of State for Work and Pensions

P Hollis

Parliamentary Under-Secretary of State,

Department for Work and Pensions

10th March 2003

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

These Regulations amend the Social Security (Maternity Allowance) (Earnings) Regulations 2000 (“the principal Regulations”) which provides for payments which are, or are to be treated as, earnings for the purpose of determining entitlement to maternity allowance under the Social Security Contributions and Benefits Act 1992.

Regulation 2 substitutes regulation 5 of the principal Regulations which defines the specified period for the purposes of section 35A(4) and (5) of that Act.

Regulation 3 substitutes regulation 6(1) of the principal Regulations which allow a woman's average weekly amount of specified payments to be determined in respect of earnings made, or treated as made, in the specified period.

These Regulations do not impose a charge on business.

Benefits99 Welfare, Housing & Social Security Law99