Part II

Contributory Benefits

Maternity

Appropriate weekly rate of maternity allowance under section 35.
35A
1
For the purposes of section 35(1) above the appropriate weekly rate is (subject to subsection (5A) below) whichever is the lower rate of—
a
a weekly rate equivalent to 90 per cent. of the woman's average weekly earnings; and
b
the weekly rate for the time being prescribed under section 162(1)(b) below.
4
For the purposes of this section a woman’s
“average weekly earnings” shall be taken to be the average weekly amount (as determined in accordance with regulations) of specified payments which—
1. were made to her or for her benefit as an employed earner, or
2. are (in accordance with regulations) to be treated as made to her or for her benefit as a self-employed earner,
during the specified period.
5
Regulations may, for the purposes of subsection (4) above, provide—
a
for the amount of any payments falling within paragraph (a) or (b) of that subsection to be calculated or estimated in such manner and on such basis as may be prescribed;
b
for a payment made outside the specified period to be treated as made during that period where it was referable to that period or any part of it;
c
for a woman engaged in employment as a self-employed earner to be treated as having received a payment in respect of a week—
i
equal to
an amount 90 per cent. of which is equal to the weekly rate prescribed under section 162(1)(b) below that is
in force on the last day of the week, if she
has
paid a Class 2 contribution in respect of the week, or
ii
equal to the maternity allowance threshold in force on that day, if she
could have paid, but has not paid,
such a contribution in respect of the week;
d
for aggregating payments made or treated as made to or for the benefit of a woman where, either in the same week or in different weeks, she was engaged in two or more employments (whether, in each case, as an employed earner or a self-employed earner).
5A
Where subsection (5B) below applies the appropriate weekly rate is the weekly rate for the time being prescribed under section 162(1)(b) below.
5B
This subsection applies where a woman is treated by virtue of regulations under sub-paragraph (i) of paragraph (c) of subsection (5) above as having received a payment in respect of each week in the specified period equal to the amount mentioned in that sub-paragraph.
6
In this section—
- “the maternity allowance threshold” has the same meaning as in section 35 above;
- “specified” means prescribed by or determined in accordance with regulations.
Pt. II (ss. 20-62) excluded (13.1.1993) by S.R. 1979/242, reg. 4(1) (as substituted (13.1.1993) by S.R. 1992/557, reg. 3).
Pt. II (ss. 20-62): power to apply conferred (1.7.1992) by Social Security Administration (Northern Ireland) Act 1992 (c. 8), ss. 161, 168(4), Sch. 6 para. 1(3)(a).
Pt. II: power to amend or modify conferred (1.12.1999) by S.I. 1999/3147 (N.I. 11), art. 49(2)(3)
Pt. II modified (temp. from 1.12.1999 to 5.10.2002) by S.I. 1999/3147 (N.I. 11), art. 49(7)(a) (the temp. modification lapsing on the coming into operation of S.R. 2001/441, which modifies specified provisions of Pt. II, on 6.10.2002)
S. 35A inserted (12.1.2000 for specified purposes and 2.4.2000 otherwise) by S.I. 1999/3147 (N.I. 11), art. 50(3); S.R. 1999/494, art. 2(1)(a)
Words in s. 35A(5)(c)(i) substituted (19.11.2002 for certain purposes and 24.11.2002 otherwise) by Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.)), ss. 4(1)(b), 9; S.R. 2002/351, art. 2(b), Sch. Pt. II; S.R. 2002/358, art. 2(b), Sch. Pt. I (with art. 3(1))
S. 35A(5)(c)(i) modified (19.11.2002 for certain purposes and 24.11.2002 otherwise) by Social Security Act (Northern Ireland) 2002 (c. 10 (N.I.)), ss. 4(2), 9; S.R. 2002/351, art. 2(b), Sch. Pt. II; S.R. 2002/358, art. 2(b), Sch. Pt. I (with art. 3(1))
Words in s. 35A heading inserted (1.4.2014 with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Maternity Allowance) (Participating Wife or Civil Partner of Self-employed Earner) Regulations (Northern Ireland) 2014 (S.R. 2014/102), regs. 1(1), 2(4)
S. 35A(5A)(5B) inserted (6.4.2003) by Social Security Act (Northern Ireland) 2002 (c. 10), ss. 4(1)(c), 9(1); S.R. 2002/358, art. 2(c), Sch. Pt. II
S. 35A(1) substituted for s. 35A(1)-(3) (6.4.2003) by Social Security Act (Northern Ireland) 2002 (c. 10), ss. 4(1)(a), 9(1); S.R. 2002/358, art. 2(c), Sch. Pt. II (with art. 3(3))
Word in s. 35A(5)(c)(i) inserted (with effect for the tax year 2015-16 and subsequent tax years) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 15(a), 35
Words in s. 35A(5)(c)(ii) substituted (with effect for the tax year 2015-16 and subsequent tax years) by National Insurance Contributions Act 2015 (c. 5), Sch. 1 paras. 15(b), 35
S. 35A(6) substituted for s. 35A(6)(7) (6.4.2003) by Social Security Act (Northern Ireland) 2002 (c. 10), s. 9(1), Sch. 1 para. 3; S.R. 2002/358, art. 2(c), Sch. Pt. II