Social Security Contributions and Benefits Act 1992

Maternity allowance

3 (1) Subject to sub-paragraph (2) below, the contribution condition for a maternity allowance is—

(a) that the claimant must, in respect of at least 26 weeks in the 52 weeks immediately preceding the 14th week before the expected week of confinement, have actually paid contributions of a relevant class; and

(b) in the case of Class 1 contributions, that they were not secondary contributions and were paid otherwise than at the reduced rate.

(2) In the case of a claimant who is or has been paid otherwise than weekly, any week—

(a) in respect of which she did not pay contributions of a relevant class; but

(b) for which her earnings were such that, had she been paid weekly, she would have been required to pay primary Class 1 contributions in respect of that week; and

(c) for which no such election as is mentioned in section 19(4)(a) above was in force in her case,

shall be treated for the purposes of sub-paragraph (1) above as a week in respect of which she actually paid such contributions otherwise than at a reduced rate.

(3) For the purposes of sub-paragraph (2) above, the amount of the claimant’s earnings for any week shall be determined in accordance with regulations.