The Social Security (Maternity Grant) Regulations 1981

Amendment of the Social Security (Maternity Benefit) Regulations 1975

2.—(1) The Social Security (Maternity Benefit) Regulations 1975(1) shall be amended in accordance with the following provisions.

(2) Regulation 1(2) (definitions) shall be amended by inserting the following definitions:—

““child benefit” means benefit under Part I of the Child Benefit Act 1975(2);

“qualifying period” has the meaning assigned to it in regulation 3B;

“serving member of the forces” has the same meaning as in regulation 1(2) of the Social Security (Contributions) Regulations 1979(3) except that it does not include:—

(3) After paragraph (2) of regulation 1 the following paragraph shall be inserted:—

“(2A) For the purposes of regulations 3, 3A and 3B if, at the beginning of any day, a woman is either present in or absent from Great Britain, that state of affairs shall be treated as continuing throughout that day.”

(4) In regulation 3 (maternity grant in expectation of confinement) for the word “then-” and paragraphs (a) and (b) there shall be substituted:—

“then that section shall so apply to her in relation to that claim and

(a)where the expected week of confinement ends on or before 3rd July 1982, the contribution conditions for a maternity grant as set out in paragraph 2 of Schedule 3 shall apply in her case as if, for sub-paragraph (4)(a) of that paragraph, there were substituted the following:—

“(a)`the relevant time' is the beginning of the week in which it is to be expected that the claimant will be confined or, where the relevant person is the husband and he was dead or over pensionable age when the claim was made, the date of his attaining pensionable age or dying under that age;”;

(b)where the expected week of confinement begins on or after 4th July 1982 the prescribed conditions as to presence in Great Britain shall be that:

(i)she must have been present in Great Britain for a period of, or periods amounting in aggregate to, more than 182 days in the 52 weeks immediately preceding the expected week of confinement, and

(ii)she must be present in Great Britain on the date of her claim;

(c)any qualifying period or periods may be included as part of the total of more than 182 days referred to in paragraph (b)(i);

(d)paragraph (b)(ii) shall not apply to a woman who, at the date of claim, is a serving member of the forces or who is the wife of a serving member of the forces and is residing with him.”.

(5) After regulation 3 there shall be inserted the following regulations:—

“Maternity grant after confinement

3A.—(1) The prescribed condition as to presence in Great Britain to be satisfied by a woman for the purposes of section 21(1), where a claim for maternity grant is made after confinement and the date of confinement is on or after 4th July 1982, shall be that she must have been present in Great Britain for a period of, or periods amounting in aggregate to, more than 182 days in the 52 weeks immediately preceding the date of confinement.

(2) Any qualifying period or periods may be included as part of the total of more than 182 days referred to in paragraph (1).

Temporary absences from Great Britain

3B.  A qualifying period shall mean any day or days during which a woman is temporarily absent from Great Britain during the 52 weeks referred to in regulations 3(b)(i) and 3A(1) where

(a)that day or those days form part of any week or weeks for which she is entitled to child benefit; or

(b)her absence is due to her own employment or, where she is residing with him, her husband's employment and either Class 1 contributions are payable in respect of that employment, or the employment for the first 52 weeks of absence was treated as employed earner's employment by virtue of regulation 120 of the Social Security (Contributions) Regulations 1979; or

(c)her absence is due to her own employment or, where she is residing with him, her husband's employment and Class 1 contributions would have been payable in respect of that employment or in respect of the first 52 weeks of that employment by virtue of the said regulation 120 but for the provisions of either an Order in Council made under section 143 or Council Regulation No. 1408/71/EEC(4); or

(d)her absence is due to her own employment or, where she is residing with him, her husband's employment, and a Class 2 or Class 3 contribution is paid for the week or weeks of which that day or those days form part; or

(e)her absence is due to her service as a serving member of the forces or, where she is the wife of a serving member of the forces and is residing with him, her absence is due to her husband's service.”.

(6) Regulation 5(3) shall be amended by deleting the letter “(a)” in the first reference to “paragraph (2)(a)”.

(7) In regulation 11 (special provision for certain persons who have been employed abroad)—

(a)in paragraph (1)

(i)for the words “maternity benefit” there shall be substituted the words “maternity grant and maternity allowance” and

(ii)for the words “where a person” there shall be substituted the words “where the date of confinement is on or before 3 July 1982 or, in respect of claims in expectation of confinement, the expected week of confinement ends on or before 3 July 1982 and a person”;

(b)after paragraph (1) the following paragraph shall be inserted:—

“(1A) Where the date of confinement is on or after 4 July 1982 or, in respect of claims in expectation of confinement, the expected week of confinement begins on or after 4 July 1982, this regulation shall apply for the purposes of maternity allowance only.”

(c)in paragraph (2)(a) for the words “regulation 114 of the Social Security (Contributions) Regulations 1975” there shall be substituted the words “regulation 120 of the Social Security (Contributions) Regulations 1979”;

(d)the reference to “regulation 114” in paragraphs (3)(a) and (c) and 4(a) and (b) shall be amended to refer to “regulation 120”.

(8) Regulation 13 (which is spent) is revoked.