Part 1

Statutory leave and pay
Chapter 2

Maternity

Rate of statutory maternity pay
19
For section 166 of the Social Security Contributions and Benefits Act 1992 there is substituted—

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.
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.
S. 19 in force at 6.4.2003 by S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3 (with Sch. 3)