E+W+S+N.I.

Citation, commencement and interpretationE+W+S+N.I.

1.-(1) These Regulations may be cited as the Social Security (Maternity Allowance) (Work Abroad) Regulations 1987 and shall come into force on 6th April 1987.

(2) In these Regulations-

"the Act" means the Social Security Act 1975;

"the Contributions Regulations" means the Social Security (Contributions) Regulations 1979 F3.

Special provision for certain persons who have been employed abroadE+W+S+N.I.

2.-(1) This regulation applies, subject to paragraph (5), for the purpose of determining entitlement to a maternity allowance in respect of a woman who-

(a)has been absent from Great Britain;

(b)has returned to Great Britain; and

(c)throughout the whole period of her absence was ordinarily resident in Great Britain.

(2) [F4Where a woman has paid, or is treated as having actually paid, Class 1 contributions under the Act either]-

(a)to the full extent of her liability under regulation 120 of the Contributions Regulations; or

(b)in respect of the first 52 weeks of her employment abroad by virtue of either-

(i)an Order in Council made under section 143 of the Act (reciprocity with countries outside the United Kingdom), or

(ii)Council Regulation No. 1408/71 EEC F5 (application of social security scheme to employed persons and their families moving within the Community),

and employment by reference to which the liability arose continued throughout the first 52 weeks after the commencement of that liability, she shall be treated for any week in which she was in fact engaged in gainful employment as having been engaged in employment as an employed earner [F6and for any such week, and for any weeks following the period of that liability and before the date of her return to Great Britain so far as those weeks are relevant to her claim for a maternity allowance, as having received an amount of specified payments for the purposes of section 35A(4) of the Social Security Contributions and Benefits Act 1992 equal to the lower earnings limit in force on the last day of that week]

(3) Where-

(a)a woman would have been liable to pay Class 1 contributions F7... under regulation 120 of the Contributions Regulations but for the provisions of an Order in Council made under section 143 of the Act;

(b)in relation to her case the Order does not provide for periods of insurance, employment or residence in the other country to which the Order relates to be taken into account in determining entitlement to benefit; and

(c)the employment by reference to which she would have been liable under that regulation continued throughout the first 52 weeks,

she shall be treated for any week during her absence in which she was in fact engaged in gainful employment as having been engaged in employment as an employed earner [F8and for each week of her absence as having received an amount of specified payments for the purposes of section 35A(4) of the Social Security Contributions and Benefits Act 1992 equal to the lower earnings limit in force on the last day of that week].

(4) Where-

(a)a woman would have been liable to pay Class 1 contributions F9... under regulation 120 of the Contributions Regulations but for the provisions of either an Order in Council made under section 143 or Council Regulation No. 1408/71/EEC;

(b)the employment by reference to which she would have been liable under regulation 120 continued throughout the first 52 weeks from the time the liability would have commenced; and

(c)the Order or the Council Regulation, as the case may be, provides for aggregation of periods of insurance, employment or residence only if an insurance period has been completed since her return to Great Britain, and an insurance period has not been so completed,

any period of insurance or employment in the other country to which that Order or Council Regulation, as the case may be, relates which falls in the [F1066 weeks immediately preceding] the expected week of confinement shall be treated as a period in respect of which she was engaged in employment as an employed earner [F11and in each week of which she received an amount of specified payments for the purposes of section 35A(4) of the Social Security Contributions and Benefits Act 1992 equal to the lower earnings limit in force on the last day of that week].

(5) Paragraphs (2) (except in a case to which paragraph (2)(a) applies), (3) and (4) shall not apply in relation to a claim for maternity allowance for any day in respect of which the woman concerned is entitled to a corresponding benefit under the social security scheme of the country in which she was employed.

(6) Where a woman satisifies the requirements of paragraph (3)(a) or (4)(a) but the employment did not continue for 52 weeks, she shall be treated in respect of those weeks in which her employment did continue as having been engaged in employment as an employed earner [F12and as having received an amount of specified payments for the purposes of section 35A(4) of the Social Security Contributions and Benefits Act 1992 equal to the lower earnings limit in force on the last day of each of those weeks].

Explanatory Note

(This note is not part of the Regulations)