Maternity Pay

Woggle

Hiya,

We've recently found out that we're going to be having our first baby (yipee!).

Anyway, starting to think about all the changes afoot and that includes maternity pay.

My wife works for a social enterprise firm and is on a fixed term contract which runs out at the end of the financial year. The baby is due just after Christmas.

Can you tell me whether the following is correct:

1. To qualify for minimum maternity pay, you must have worked for your employer for the last 6 months up to the 15th week before the baby is due and provide evidence through a MAT B1;

2. For the first six weeks, you are paid at 90% average weekly earnings and then SMP at £117.18 per week for the remaining 33 weeks. Anything after is unpaid;

3. If you don't get SMP then you may qualify for Maternity Pay i.e. that you worked for at least 26 of the 66 weeks before the baby is due and earned an average of £30 over any 13 of those 66 weeks. This is also £117.18 per week or 90% average weekly earnings (whichever is less) and paid for a maximum 39 weeks.

3. Maternity leave can start any time from 11 weeks before the baby is due;

Now it's rather tricky because she'll be employed up until the end of March although the baby is due in the early New Year.

She'll still be employed therefore for the six weeks meaning she'll get the 90% pay and presumably reverts to SMP up until the end of March but what happens then - will it automatically revert to Maternity Pay?

Can I also ask whether child benefit is paid on top of the £117.18 (i.e. triggered from the birth) or is that inclusive? I believe child benefit now triggers the child trust fund.

Phew...hope that makes sense. As you can see, I'm a little confused...but getting there!

Mutantk

Hi there, congrats!! Point 3 is definitely correct - when I had DD2 close after DD1 I wasn't entitled to SMP but still got 'paid' the same amount but it came via the benefit office instead on the basis that I had worked for more than 26 weeks in the 66 prior to DD2 being due - hope that makes sense - it's all so confusing isn't it!! Goodluck

Sorry - also meant to say: YES child benefit paid in addition to whatever maternity pay is still being paid (regardless of its SMP from employer or the pay coming from benefit office).

strawberry_laces

Number 1 didnt apply to me I don't think (I am on mat leave at the moment I think I had to be there a year).

Number 2 is correct

Number 3 I dont know as I qualified for SMP.

number 4 is correct UNLESS she has been off prior to the 11 weeks with a pregnancy related illness then they can insist she goes off on maternity early, (this happened to a friend of mine).

Does the company she works for have their own maternity package, she needs to find this out as this can affect the above?


She will get Child Benefit ON TOP OF the SMP.

congrats btw.

Woggle

Thanks for the responses.

That is really helpful. I read on the Direct Gov and DWP website that if you meet the requirements in terms of availability of employment prior to taking maternity leave (i.e. working for at least 26 weeks into the qualifying week) then it's likely you'll be on SMP regardless of whether the contract ends.

Thanks again

tigtag02

Simply:

If she qualifies for SMP with the company then they must pay the full 39 weeks

Point on post #3. Your employer cannot *force* you onto SMP due to pregnancy related illness untill 4 weeks before not 11.

flea72

hi and congrats

the easy way to work out entitlement to SMP is, if you were already employed by the company when you fell pregnant, then you get SMP, if you fall pregnant within 3m of starting work, then you get MA. there is no difference between the amounts you are entitled to, its just where the money comes from differs. SMP is paid via your employer, MA is paid via the Benefits Office

even though her contract comes to an end midway through mat leave, she will get SMP. it doesnt change to MA, just because her contract has finished

Child benefit is paid on top of your SMP. you should be given a claim pack in with the 'bounty baby pack' you get given in hospital. once babys birth has been registered you can then claim child benefit, and also apply for child tax credits. Yes, you will automaticallly be sent the Child Trust Fund voucher, when you apply for child benfit.

Depending on your income you might also be entitled to a Maternity Grant, which is £500 - you have to apply for this within 3m of babys birth

benefit wise the sooner you get the birth registered and the child benefit applied for, the sooner other entitlements will kick in too

hth Flea

shazspice

Sorry to hijack the thread but if you dont return to work after receiving maternity pay for a year do you have to pay it back to the company you work for?

tigtag02

shazspice wrote: »

Sorry to hijack the thread but if you dont return to work after receiving maternity pay for a year do you have to pay it back to the company you work for?

Statutory Mat Pay is never repayable.

Company Mat Pay will be dependant on the T&C's of your contract.

surreysaver

strawberry_laces wrote: »

number 4 is correct UNLESS she has been off prior to the 11 weeks with a pregnancy related illness then they can insist she goes off on maternity early, (this happened to a friend of mine).

Although a woman can decide to start her Maternity Leave up to 11 weeks before the baby is due (or if baby is born before that, then obviously the day it is born), an employer can only force a woman to start her Maternity Leave up to 6 weeks before the due date if pregnancy-related sick leave is causing a problem.

count_rostov

Hi,

Sorry to hijack this thread but there's something I'm not quite clear about. In point 3) do you have to have worked the 26 weeks with the same employer?I've lost my job and am working out a flexible notice period for either another 6 or 10 weeks, depending on how quickly I find something else. Because of this flexible notice period I expect to go straight into another job, so I will have worked and paid tax/NI continously for five years or so. Whilst we're not trying to conceive we're also not really trying to prevent it. If I get a new job & pregnant at the same time but my due date is say 20 weeks after I start work, will I be able to claim Maternity Pay rather than SMP? Or should I get myself down to Boots pronto for a bumper pack of condoms?

foreversomeday

count_rostov wrote: »

Hi,

Sorry to hijack this thread but there's something I'm not quite clear about. In point 3) do you have to have worked the 26 weeks with the same employer?I've lost my job and am working out a flexible notice period for either another 6 or 10 weeks, depending on how quickly I find something else. Because of this flexible notice period I expect to go straight into another job, so I will have worked and paid tax/NI continously for five years or so. Whilst we're not trying to conceive we're also not really trying to prevent it. If I get a new job & pregnant at the same time but my due date is say 20 weeks after I start work, will I be able to claim Maternity Pay rather than SMP? Or should I get myself down to Boots pronto for a bumper pack of condoms?

You will be entitled to Maternity Pay (It's called Maternity Allowance, though) because you have been working for at least 13 weeks of the period which they assess, but you have worked for more than one company during the assessment period.

But I will warn you, it is harder to find employment once you are "showing" and after you are 24 weeks pregnant you must inform your employer (or tell the company who you are trying to get employed by) that you are pregnant. Most companies won't want to employ someone who's about to go on leave for 9 months.

It is a lot less hassle to be in a job already by the time you get pregnant, and the company might have a better maternity pay scheme which would be disappointing to miss out on by, say, 1 week!