2.—(1) The Social Security (Maternity Allowance) (Earnings) Regulations (Northern Ireland) 2000(1) shall be amended in accordance with paragraphs (2) and (3).
(2) For regulation 5(2) (the specified period) there shall be substituted the following regulation –
5.—(1) Subject to paragraph (2), 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) 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.”.
(3) For regulation 6(1)(3) (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; and
(b)in any other case, in the 13 weeks (whether consecutive or not) falling within the specified period in which such payments are greatest.”.
Regulation 5 was substituted by regulation 6(4) of S.R. 2002 No. 354
Regulation 6(1) was substituted by regulation 6(5)(a) of S.R. 2002 No. 354