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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2006/20062379.html

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STATUTORY INSTRUMENTS


2006 No. 2379

SOCIAL SECURITY

TERMS AND CONDITIONS OF EMPLOYMENT

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

  Made 4th September 2006 
  Laid before Parliament 8th September 2006 
  Coming into force in accordance with regulation 1(2)

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred upon him by sections 35(3)(a)(i) and (c), 165(1), (3), (4) and (7) and 175(1) and (3) of the Social Security Contributions and Benefits Act 1992[1] and sections 5(1)(l)[2], 73(1)(a) and 189(1), (3) and (4) of the Social Security Administration Act 1992[3].

     This instrument contains only regulations made by virtue of, or consequential upon, the coming into force of the Work and Families Act 2006[4] or, in the case of regulation 2, by virtue of, or consequential upon the coming into force of section 67 of the Social Security Act 1998[5] and is made before the end of the period of 6 months beginning with the coming into force of those enactments[6].

     Citation, application, commencement and interpretation

     1. —(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—

Amendment of the Overlapping Benefits Regulations
     2. —(1) The Overlapping Benefits Regulations are amended as follows.

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

Amendment of the Statutory Maternity Pay Regulations
    
3. —(1) The Statutory Maternity Pay Regulations are amended as follows.

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

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

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

Amendment of the Maternity Allowance Regulations
    
4. —(1) The Maternity Allowance Regulations are amended as follows.

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

    (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".



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


Philip A Hunt
Parliamentary Under-Secretary of State, Department for Work and Pensions

4th September 2006



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Social Security (Overlapping Benefits) Regulations 1979 (S.I.1979/597) ("the Overlapping Benefits Regulations"), the Statutory Maternity Pay (General) Regulations 1986 (S.I.1986/1960) ("the Statutory Maternity Pay Regulations") and the Social Security (Maternity Allowance) Regulations 1987 (S.I.1987/416) ("the Maternity Allowance Regulations").

Regulation 2 amends the Overlapping Benefits Regulations by substituting a new regulation 14(1) to provide for adjustments of all benefits at a rate of one-seventh of the appropriate weekly rate for each day of the week.

Regulation 3(2) substitutes a new regulation 2 of the Statutory Maternity Pay Regulations, the effect of which is as follows—

Regulation 3(3) inserts a new regulation 9A in the Statutory Maternity Pay Regulations to provide that SMP shall be paid where a woman works for her employer for not more than 10 days within her maternity pay period.

Regulation 3(4) substitutes a new regulation 28 of the Statutory Maternity Pay Regulations to allow payments of SMP for a week or part of a week to be rounded up to the next penny.

Regulation 4(2) amends the Maternity Allowance Regulations by substituting a new regulation 2(1)(a) to provide that a woman will be subject to disqualification from maternity allowance if she works as an employed or self-employed earner for more than 10 days in the maternity allowance period.

Regulation 4(3) amends regulation 3(2A) of the Maternity Allowance Regulations to extend the maternity allowance period to 39 weeks and to allow the maternity allowance period to commence no earlier than the day a woman becomes entitled to maternity allowance and no later than the day after which she is confined in specified circumstances.

An assessment of the cost to business, charities and the voluntary sector of the provisions in these Regulations is included in the regulatory impact assessment that accompanied the Work and Families Act 2006. A copy of that assessment has been placed in the library of both Houses of Parliament. Copies may be obtain from the Department for Work and Pensions, Workplace Health Division,1-11 John Adam Street, London WC2 6HT or from the Department of Trade and Industry website:
www.dti.gov.uk/employment/workandfamilies


Notes:

[1] 1992 (c.4); section 35(3)(a)(i) was substituted by the Work and Families Act 2006 (c.18), Schedule 1, paragraph 6; section 35(3)(c) was added by S.I.1994/1230, regulation 2(3) and amended by the Employment Act 2002 (c.22), Schedule 7, paragraph 4(3); section 165(1) was amended by the Work and Families Act 2006 section 1; section 165(3) was substituted by the Work and Families Act 2006, Schedule 1, paragraph 7(2); section 165(4) was amended by the Work and Families Act 2006, Schedule1,paragraph 7(3); section 165(7) was amended by S.I. 1994/1230, regulation 3(3); section 175(1) was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2), Schedule 3, paragraph 29.back

[2] Section 5(1)(l) applies as if statutory maternity pay was a benefit by virtue of section 5(5) of the Social Security Administration Act 1992.back

[3] 1992 c.5; section 73(1) was amended by the Jobseekers Act 1995 (c.18), Schedule 2, paragraph 49(2); section 189(1) was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999, Schedule 3, paragraph 57(2); section 189(1) and (4) was amended by the Social Security Act 1998 (c.14), Schedule 7, paragraph 109.back

[4] 2006 c. 18.back

[5] 1998 c.14; section 67 is brought into force by S.I. 2376 (C.82) with effect from 1st October 2006 for women whose expected week of confinement falls on or after 1st April 2007.back

[6] See section 173(5) of the Social Security Administration Act 1992.back

[7] S.I.1987/416; relevant amending instruments are S.I.1994/1367 and S.I. 2002/2690.back

[8] S.I.1979/597; relevant amending instruments are S.I.1995/829 and S.I.1996/1345.back

[9] S.I.1986/1960; relevant amending instruments are S.I.1994/1367 and S.I. 2002/2690.back



ISBN 0 11 075075 6


 © Crown copyright 2006

Prepared 8 September 2006


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URL: http://www.bailii.org/uk/legis/num_reg/2006/20062379.html