35 State maternity allowance.N.I.
(1)A woman shall be entitled to a maternity allowance at the weekly rate specified in Schedule 4, Part I, paragraph 4, if—
(a)she has become pregnant and has reached, or been confined before reaching, the commencement of the 11th week before the expected week of confinement; and
(b)she has been engaged in employment as an employed or self-employed earner for at least 26 weeks in the 52 weeks immediately preceding the 14th week before the expected week of confinement; and
(c)she satisfies the contribution condition for a maternity allowance specified in Schedule 3, Part I, paragraph 3; and
(d)she is not entitled to statutory maternity pay for the same week in respect of the same pregnancy.
(2)Subject to the following provisions of this section, a maternity allowance shall be payable for the period (“the maternity allowance period”) which, if she were entitled to statutory maternity pay, would be the maternity pay period under section 161 below.
(3)Regulations may provide—
(a)for disqualifying a woman for receiving a maternity allowance if—
(i)during the maternity allowance period she does any work in employment as an employed or self-employed earner, or fails without good cause to observe any prescribed rules of behaviour; or
(ii)at any time before she is confined she fails without good cause to attend for, or submit herself to, any medical examination required in accordance with the regulations;
(b)that this section and Schedule 3, Part I, paragraph 3 shall have effect subject to prescribed modifications in relation to cases in which a woman has been confined and—
(i)has not made a claim for a maternity allowance in expectation of that confinement (other than a claim which has been disallowed); or
(ii)has made a claim for a maternity allowance in expectation of that confinement (other than a claim which has been disallowed), but she was confined more than 11 weeks before the expected week of confinement.
(4)A woman who has become entitled to a maternity allowance shall cease to be entitled to it if she dies before the beginning of the maternity allowance period; and if she dies after the beginning, but before the end, of that period, the allowance shall not be payable for any week subsequent to that in which she dies.
(5)Where for any purpose of this Part of this Act or of regulations it is necessary to calculate the daily rate of a maternity allowance—
(a)Sunday or such other day in each week as may be prescribed shall be disregarded; and
(b)the amount payable by way of that allowance for any other day shall be taken as one sixth of the weekly rate of the allowance.
(6)In this section “confinement” means—
(a)labour resulting in the issue of a living child, or
(b)labour after [F124 weeks] of pregnancy resulting in the issue of a child whether alive or dead,
and “confined” shall be construed accordingly; and where a woman’s labour begun on one day results in the issue of a child on another day she shall be taken to be confined on the day of the issue of the child or, if labour results in the issue of twins or a greater number of children, she shall be taken to be confined on the day of the issue of the last of them.
(7)The fact that the mother of a child is being paid maternity allowance shall not be taken into consideration by any court in deciding whether to order payment of expenses incidental to the birth of the child.
Textual Amendments
F1Words in s. 35(6) substituted (1.10.1992) by S.I. 1992/1310, art. 4(a).