[F13(1)Subject to sub-paragraph (2) below, the contribution condition for a maternity allowance is—N.I.
(a)that the claimant must, in respect of at least 26 weeks in the [F266 weeks immediately preceding] 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.]
Textual Amendments
F1Sch. 3 para. 3 repealed (2.4.2000 for specified purposes and otherwiseprosp.) by S.I. 1999/3147 (N.I. 11), art. 76, Sch. 10 Pt. V; S.R. 1999/494, art. 2(1)(c)(i)
F2Words in Sch. 3 para. 3(1)(a) substituted (with effect in any case where the expected week of confinement begins on or after 16.10.1994) by S.R. 1994/176, regs. 1(2), 2(4)