The Maternity Pay and Maternity Allowance (Transitional) Regulations 1987

Made: 10th March 1987

Laid before Parliament: 13th March 1987

Coming into force

The Secretary of State for Social Services, in exercise of the powers conferred upon him by sections 84(1) and 89(1) of the Social Security Act 1986[^f00001] and of all other powers enabling him in that behalf, by this instrument, which is made before the end of a period of 12 months from the commencement of those sections, makes the following Regulations:—

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Maternity Pay and Maternity Allowance (Transitional) Regulations 1987 and shall come into force in the case of regulations 1 and 4 on 5th April 1987 and in the case of regulations 2 and 3 on 6th April 1987.

• (2) In these Regulations, unless the context otherwise requires—

• “the 1975 Act” means the Social Security Act 1975[^f00002];

• “the 1978 Act” means the Employment Protection (Consolidation) Act 1978[^f00003];

• “the 1986 Act” means the Social Security Act 1986;

• “employee” has the same meaning as in the 1978 Act;

• “confinement” has the same meaning as in section 50(1) of the 1986 Act;

• “maternity pay” has the meaning given by section 33(1) of the 1978 Act, as continued in force from 6th April 1987 by regulation 2(1);

• “Maternity Pay Fund” means the Fund referred to in section 37 of the 1978 Act, as continued in force from 6th April 1987 by regulation 2(3).

• (3) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.

Savings in respect of maternity pay and maternity allowance

2

• (1) In the case of a woman whose expected date of confinement—

• (a) is before 21st June 1987, or

• (b) is after 20th June 1987 but who is in fact confined before 6th April 1987,

Meaning of “week”

3

Notwithstanding section 50(1) of the 1986 Act, the 6 days commencing 6th April 1987 shall be treated as a week for the purposes of calculating—

• (a) the maternity pay period under section 47 of the 1986 Act, and

• (b) the maternity allowance period under section 22(2) of the 1975 Act.

Women not entitled to maternity pay

4

A woman for whom 5th April 1987 is the commencement of the 11th week before the expected week of confinement shall not be entitled to maternity pay except where she is in fact confined before 6th April 1987 and satisfies the conditions of entitlement to maternity pay specified in the 1978 Act.

Signed

Signed by authority of the Secretary of State for Social Services.

Nicholas Lyell — Parliamentary Under-Secretary of State — 10th March 1987.

Explanatory note

(This note is not part of the Regulations)

These Regulations are made under section 89(1) of the Social Security Act 1986 (“the 1986 Act”). As they are made earlier than 12 months from the commencement of that provision, they are exempted by section 61(5) of the 1986 Act from reference to the Social Security Advisory Committee and have not been so referred.

These Regulations, which come into force on 5th and 6th April 1987, contain consequential and transitional provisions and savings made in connection with the coming into force on the same day of provisions in Part V of and Schedule 4 to the 1986 Act relating to statutory maternity pay and maternity allowance.

Regulation 2 provides that where a woman’s expected date of confinement is before 21st June 1987 or after 20th June 1987 if she is confined before 6th April 1987, Part V of and Schedule 4 to the 1986 Act shall not apply to her. Instead provisions in the Employment Protection (Consolidation) Act 1978 relating to maternity pay and in sections 22 and 23 of the Social Security Act 1975 relating to maternity allowance shall continue to apply.

Regulation 3 provides for the 6 days commencing 6th April 1987 to be treated as a week for the purpose of determining entitlement to statutory maternity pay and maternity allowance.

Regulation 4 provides that where Sunday, 5th April 1987 is the beginning of the 11th week before the expected week of confinement, a woman is not entitled to maternity pay.

Footnotes

[^f00001]: 1986 c. 50; section 84(1) is cited because of the meaning ascribed to the word “regulations”.

[^f00002]: 1975 c. 14.

[^f00003]: 1978 c. 44.

[^f00004]: 1975 c. 71.

[^f00005]: 1977 c. 5.