Maternity Allowance and NI contributions

foolishqueen

Morning folks,

Quick query I'm hoping somepne can help with. My partner is currently 4 months pregnant, but has been is curerntly on long term sick leave, and as such has had no income for over a year. She is not entitled to IB (or whatever it is called now!) as she has noyt paid enough NI.

My question relates to MA (she doesn't earn enough for SMP).

1. She satisfies the employment rule, but am I right in thinking for the earnings rule it is money you actually recieve? She earns over the lower limit but as I mentioned above has nopt physically earnt any money for some time - so am I right in thinking she will have to return to work for the 13 required weeks before the baby is due?

2. Does a lack of NI contributions affect your entitlement to NI? I;ve read the technical guidance pages on the DWP site for MA, but it makes to mention to NI expcet in reference to self-employed people and the reasons it gives for not getting MA do not mention NI.

Any advice would be appreciated

Thanks.

tigtag02

I'm not too up on this but the 13 weeks can be any 13 in a 66 week period (which I think is counted back from week 25 of pregnancy)

If she has earnt over the LEL in these 13 weeks she should be ok.

Hopefully someone will confirm what I think or tell me I'm talking rubbish ;o)

TT
x

foolishqueen

Thanks tigtag! You're right, but in the last 66 weeks from today she has only been back at work for 2! So if she has to be in work to qualify, she will need to go back for 11 more weeks! Money is tight at the minute but it's a fine line - she obviusly can't go back if she is unwell

black_paw

my sister inlaw has always worked and had a baby late in life, took maternity leave, then took 6 months unpayed leave, went back to work for about 9 months then made redundant, now cant claim anything as missed NI payments , as pay off over means tested still can claim until money runs down, husband took year off to help babys , then gone very poorly ill , can't claim a thing either as forgot abour Ni !these people have never claimed and worked there whole life so watch out and make sure Ni are paid !

tigtag02

foolishqueen wrote: »

Thanks tigtag! You're right, but in the last 66 weeks from today she has only been back at work for 2! So if she has to be in work to qualify, she will need to go back for 11 more weeks! Money is tight at the minute but it's a fine line - she obviusly can't go back if she is unwell

Did she get any company sick pay or SSP?

foolishqueen

She got SSP but hasn't had that for over a year I think

tigtag02

Then she wont qualify for MA unless she works as you stated above.

foolishqueen

Thanks TT, that's what I thought would be the case!

foolishqueen

Does anyone know though whether NI contributions affect eligibility for MA? Will have to get the gf to ring someone up next week, but if anyone knows that would put my mind at ease.:)

tigtag02

foolishqueen wrote: »

Does anyone know though whether NI contributions affect eligibility for MA? Will have to get the gf to ring someone up next week, but if anyone knows that would put my mind at ease.:)

I don't think that they do but I could be wrong

tigtag02

Who is eligible?


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 in your 'test period' (66 weeks up to and including the week before the week 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

If you don't qualify for Statutory Maternity Pay or Maternity Allowance, you may be able to get Employment and Support Allowance instead.

If you or your partner or civil partner are claiming benefits or tax credits you may be able to get a Sure Start Maternity Grant.
More information can be found in the leaflet NI 17A 'A Guide to Maternity Benefits'.

It looks like NI is only an issue if self employed as £30 average isnt enough to pay NI