Section 35A — Social Security Contributions and Benefits Act 1992: Appropriate weekly rate of maternity allowance under section 35 .

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 166(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—

a were made to her or for her benefit as an employed earner, or b 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 166(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 166(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 and “ specified ” means prescribed by or determined in accordance with regulations.