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Social Security (Incapacity for Work) Act 1994

Changes over time for: Paragraph 45

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Version Superseded: 07/10/1996

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45(1)Schedule 13 to the M1Social Security Contributions and Benefits Act 1992 (relationship between statutory maternity pay and other benefits) is amended as follows.

(2)For paragraph 1 (the general principle) substitute—

1Except as may be prescribed, a day which falls within the maternity pay period shall not be treated for the purposes of this Act—

(a)as a day of unemployment for the purpose of determining whether it forms part of a period of interruption of work, or

(b)as a day of incapacity for work for the purpose of determining whether it forms part of a period of incapacity for work for the purposes of incapacity benefit..

(3)For paragraph 2 (invalidity) substitute—

2 Incapacity benefit

2(1)Regulations may provide that in prescribed circumstances a day which falls within the ma ternity pay period shall be treated as a day of incapacity for work for the purpose of determin ing entitlement to the higher rate of short-term incapacity benefit or to long-term incapacity benefit.

(2)Regulations may provide that an amount equal to a woman’s statutory maternity pay for a period shall be deducted from any such benefit in respect of the same period and a woman shall be entitled to such benefit only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it..

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