Would I be able to claim maternity allowance?

suzieagogo

Hi all,

I am hoping to get pregnant relatively soon and I was wondering if I am able to claim maternity allowance. My husband is a contractor and has his own company. He pays himself a small salary and any profit after corporation tax is paid out as dividends to himself. I work for him as the company adminstrator from home probably a few hours per week, just doing the invoicing, paying the VAT, various other bits and pieces. He pays me £400 per month to do this. I don't pay any tax as I am under the threshold but I do pay NI contributions.

Would I be entitled to claim maternity allowance if I resigned from the job? I have been working for him for about a year and a half.

vpb23

Hey

They base maternity allowance on your class 2 contributions. It is all worked out on what they call your test period, which is 66 weeks back from your due date. As long as you have paid at least 13 weeks within those 66 weeks then you should be entitled to the max amount.

stazi

vpb23's reply is correct -if you were/are self employed.
However, it sounds like the OP's husband is running a LTD company, which means that the OP is an employee of the company- and is not self employed.

JCP will base the rate of MA on the OP's earnings- not Class 2 NIC- which is not payable.
The OP would need to leave employment before the 15th week before childbirth, otherwise SMP may be payable from the employer.

karenx

Also do you get payslips from him? As if you were working in the test period you need to send in your payslips

suzieagogo

I am employee of my husband's company and yes, I do receive payslips and my salary monthly. Thank you all for your helpful replies.