35 State maternity allowance [for employed or self-employed earner]
Social Security Contributions and Benefits Act 1992 (1992 c 4) | Legislation

Maternity

35  State maternity allowance [for employed or self-employed earner]

[(1)     A woman shall be entitled to a maternity allowance [under this section], at the appropriate weekly rate determined under section 35A below, if—

(a)     she has become pregnant and has reached, or been confined before reaching, the commencement of the 11th week before the expected week of confinement; and

(b)     she has been engaged in employment as an employed or self-employed earner for any part of the week in the case of at least 26 of the 66 weeks immediately preceding the expected week of confinement; and

[(c)     her average weekly earnings (within the meaning of section 35A below) are not less than the maternity allowance threshold for the tax year in which the beginning of the period of 66 weeks mentioned in paragraph (b) above falls;]

(d)     she is not entitled to statutory maternity pay for the same week in respect of the same pregnancy[; and

(e)     at the commencement of the week referred to in paragraph (a) above she was entitled to engage in the employment referred to in paragraph (b) above].]

(2)     Subject to the following provisions of this section, a maternity allowance [under this section]

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