Maternity Allowance or SMP for Actors..help!

sylviemylove

Ok I am self employed for tax purposes but pay class 1 NI. As far as I can understand it under Entertainers Regulations we are the only industry this happens in. Usually self employed people pay class 2.

Whenever I do a job (very small by the way, we're talking a day on Doctors, stuff like that) that employer deducts the NI.

2 years ago I applied for MA and successfully received it, no questions asked.

12 months ago regional offices relinquished control and it is now done in one big national centre.

I am due again in 5 weeks, but this time when I applied I was refused. They said I can't be self employed as I pay class 1 NI and MA is based on how much class 2 you have paid. I explained and even got a letter from the tv industry unit of HMRC confirming my position.

The jobcentre still don't seem to understand and want me to get my last employer (I worked for them for 1 hour by the way, in August, a voice over for McCains!!) to pay me SMP!!! :mad: This will never happen!!

If I have to appeal at an independant tribunal, will the fact that I received MA for my previous pregnancy, and that my circumstances are exactly the same, count for anything?

Thanks...sorry this is long:o

Mimi_Arc_en_ciel

If they are telling you that you have to claim MA from your previous employer (for an hours work) can you not come back with the old "i wasnt there long enough to be entitled to claim MA?" because as far as i am aware you still have to be employed for XX amount of time.

Should count as something if you have previously claimed SMA ??

Good luck tho and keep us informed!

Floxxie

Maternity allowance can be paid even if you are employed...
(http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_10018869)You might get Maternity Allowance if:

• you're employed, but not eligible for Statutory Maternity Pay
• you're registered self-employed and paying Class 2 National Insurance Contributions (NICs), or hold a Small Earnings Exception certificate
• you have very recently been employed or self-employed

You may be eligible if:

• you've been employed and/or self-employed for at least 26 weeks of the 'test period' (66 weeks up to and including the week before your baby is due). Part weeks count as full weeks; and
• you earned £30 a week averaged over any 13 weeks in your test period

Further details can be found on the link above.

stazi

You appear to be correct in saying you are S/E for tax puposes, but are employed for NIC purposes. The HMRC website appears to confirm what you say about the NIC side of it-
http://www.hmrc.gov.uk/manuals/esmmanual/ESM4147.htm

As mommyme points out, you have not satisfied one of the SMP conditions-
employed for 26 out of the 66 weeks in your test period with one employer- to get SMP. Point this out to JCP. If your agent could confirm your engagements, or you have a diary, show this to JCP.

If JCP still disagree with you, ask them to refer your case to an experienced decision maker, who may need to refer it to their HQ in Leeds for advice.

sylviemylove

Thanks everybody I will do as Stazi suggests and get my agent to include a letter with a list of the dates I have worked this year, that might help. Thanks for the useful links too! I will keep you posted.