The Maternity Pay and Maternity Allowance (Transitional) Regulations 1987

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 89(1) of the Social Security Act 1986 (“the 1986 Act”). As they are made earlier than 12 months from the commencement of that provision, they are exempted by section 61(5) of the 1986 Act from reference to the Social Security Advisory Committee and have not been so referred.

These Regulations, which come into force on 5th and 6th April 1987, contain consequential and transitional provisions and savings made in connection with the coming into force on the same day of provisions in Part V of and Schedule 4 to the 1986 Act relating to statutory maternity pay and maternity allowance.

Regulation 2 provides that where a woman’s expected date of confinement is before 21st June 1987 or after 20th June 1987 if she is confined before 6th April 1987, Part V of and Schedule 4 to the 1986 Act shall not apply to her. Instead provisions in the Employment Protection (Consolidation) Act 1978 relating to maternity pay and in sections 22 and 23 of the Social Security Act 1975 relating to maternity allowance shall continue to apply.

Regulation 3 provides for the 6 days commencing 6th April 1987 to be treated as a week for the purpose of determining entitlement to statutory maternity pay and maternity allowance.

Regulation 4 provides that where Sunday, 5th April 1987 is the beginning of the 11th week before the expected week of confinement, a woman is not entitled to maternity pay.