The Statutory Maternity Pay (General) (Amendment) Regulations 2005

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" "statutory maternity leave" means ordinary maternity leave and any additional maternity leave under, respectively, sections 71 and 73 of the Employment Rights Act 1996[5].".

Amendment of regulation 21 of the principal Regulations
     3. In regulation 21 of the principal Regulations (normal weekly earnings), for paragraph (7)[6] there shall be substituted the following paragraph - 

    " (7) In any case where - 


(a) a woman is awarded a pay increase (or would have been awarded such an increase had she not then been absent on statutory maternity leave); and

(b) that pay increase applies to the whole or any part of the period between the beginning of the relevant period and the end of her period of statutory maternity leave,



her normal weekly earnings shall be calculated as if such an increase applied in each week of the relevant period.".

Amendment of regulation 21B of the principal Regulations
     4. For regulation 21B of the principal Regulations (effect of maternity allowance on statutory maternity pay)[7], there shall be substituted the following regulation - 

" Effect of maternity allowance on statutory maternity pay
     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 sections 35 and 35A of the Contributions and Benefits Act[8]; and

(b) entitled to receive statutory maternity pay in consequence of receiving a pay increase referred to in regulation 21(7),



the employer shall not be liable to make payments of statutory maternity pay in respect of such a week unless, and to the extent by which, the rate of statutory maternity pay[9] exceeds the rate of maternity allowance[10] received by her in that week.".

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


P. Hollis
Parliamentary Under-Secretary of State, Department for Work and Pensions

10 March 2005



The Inland Revenue hereby concur.


Helen Ghosh

Ann Chant
Two of the Commissioners of Inland Revenue

15 March 2005

[2] See the Social Security Administration Act 1992 (c. 5), section 173(1)(b).back

[3] See the Social Security Contributions and Benefits Act 1992, section 171(7).back

[4] S.I. 1986/1960; relevant amending instruments are S.I. 1992/2595 and 1996/1335.back

[5] 1996 c. 18. Sections 71 and 73 were substituted by the Employment Relations Act 1999 (c. 26), Schedule 4, Part I and were amended by the Employment Act 2002 (c.22), section 17(2) to (4).back

[6] Paragraph (7) was inserted by regulation 2 of S.I. 1996/1335.back

[7] Regulation 21B was inserted by S.I. 1996/1335.back

[8] (c)Section 35(1) was substituted by the Welfare Reform and Pensions Act 1999 (c.30), section 53(1). Section 35(3)(c) was added by regulation 2(3) of S.I.1994/1230. Section 35(3)(c) was further amended, and section 35(6A) to (6D) inserted, by the Employment Act 2002, Schedule 7, paragraph (4)(3) and (4) respectively. Section 35(6)(b) was amended by the Still-Birth (Definition) Act 1992 (c.29), section 2(1)(a). Section 35A was inserted by the Welfare Reform and Pensions Act 1999, section 53(3) and further amended by the Employment Act 2002, section 48(1) and Schedule 7, paragraph 5.back

[9] See the Social Security Contributions and Benefits Act 1992, section 166(1) and (2) which was substituted by the Employment Act 2002, section 19.back

[10] See the Social Security Contributions and Benefits Act 1992 , section 35A(1).back