Part XII

Statutory Maternity Pay

Rate of statutory maternity pay
166
1
Statutory maternity pay shall be payable to a woman—
a
at the earnings-related rate, in respect of the first 6 weeks in respect of which it is payable; and
b
at whichever is the lower of the earnings-related rate and such weekly rate as may be prescribed, in respect of the remaining portion of the maternity pay period.
1A
In subsection (1) “
week
” means any period of seven days.
2
The earnings-related rate is a weekly rate equivalent to 90 per cent of a woman’s normal weekly earnings for the period of 8 weeks immediately preceding the 14th week before the expected week of confinement.
3
The weekly rate prescribed under subsection (1)(b) above must not be less than the weekly rate of statutory sick pay for the time being specified in section 157(1) above or, if two or more such rates are for the time being so specified, the higher or highest of those rates.
4
Where for any purpose of this Part of this Act or of regulations it is necessary to calculate the daily rate of statutory maternity pay, the amount payable by way of statutory maternity pay for any day shall be taken as one seventh of the weekly rate.
Pts. 1, 6 modified (6.4.2001) by S.I. 2001/1004, regs. 1(1), 113, 114(2) (with reg. 138)
S. 166 substituted (6.4.2003) by Employment Act 2002 (c. 22), ss. 19, 55(2); S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3
S. 166(1A) inserted (1.10.2006) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 8(2); S.I. 2006/1682, art. 3(e)
S. 166(4) inserted (1.10.2006) by Work and Families Act 2006 (c. 18), s. 19(2), Sch. 1 para. 8(3); S.I. 2006/1682, art. 3(e)