SMP ends, still employed but not paid, what does one live on?

soph2566

Hi

My friend's 39 weeks of SMP ends very soon. Once this happens she will have only CTC and CB as her WTC has to end too.

However she is entitled to take a year off on mat leave and wishes to do so. She has spoken to local DWP about claiming IS or JSA for the 13 weeks til she has to either go back to work or resign and they have said she can't claim as she has a job.

Surely this can't be right as with just CTC and CB in payment she will be below her applicable amt and will be entitled to an IS top up.

She is now thinking she will have to resign in order to claim IS but does not really want to do this, she wants the year off as she has secured a nursery place to coincide with the year anniversary...thus enabling her to return to work.

Thanks

iamana1ias

soph2566 wrote: »

Hi

My friend's 39 weeks of SMP ends very soon. Once this happens she will have only CTC and CB as her WTC has to end too.

However she is entitled to take a year off on mat leave and wishes to do so. She has spoken to local DWP about claiming IS or JSA for the 13 weeks til she has to either go back to work or resign and they have said she can't claim as she has a job.

Surely this can't be right as with just CTC and CB in payment she will be below her applicable amt and will be entitled to an IS top up.

She is now thinking she will have to resign in order to claim IS but does not really want to do this, she wants the year off as she has secured a nursery place to coincide with the year anniversary...thus enabling her to return to work.

Thanks

Your friend was meant to make provision for this before starting maternity leave (by saving money etc). You do get 9 months warning after all. Your friend may be entitled to 12 months off, but she isn't (necessarily) entitled to be paid for it by work or taxpayers. Isn't dad working/paying?

soph2566

I did not ask the question to receive a moralistic "shouldn't be scrounging off the social" reply.

I simply want to know what the legislation and statutory instruments say in relation to this. She cannot return to work earlier as no place at nursery and yes for information Father is paying maintenance but is less than the single persons rate of IS as he is on minimum wage. It is also rather hard to save sufficiently whilst on SMP and providing for a new baby.

karenx

no IS anyway unless she is a single parent but as she is employed she wouldn't be able to claim that even if she was a single parent.
she would of known from the start that she can take a year off but only get paid for 39 weeks

iamana1ias

soph2566 wrote: »

I did not ask the question to receive a moralistic "shouldn't be scrounging off the social" reply.

Not what I said :rolleyes:

Have a wander through the pregnancy threads and see what other people do. I bet you'll find the majority either:

1. save money before/during full pay
2. budget
3. go back to work when they can't afford not to

It's not rocket science

soph2566

Karen thank you for your non judgemental reply. She will have no option then but to resign. What a shame.

soph2566

iamana, your attitude astounds me. Daily I deal with people with no intention of ever getting work. My friends has always worked (granted in low paid minimum wage employment). She got pregnant, not planned. These things happen, even with contraception. Moved into a flat, needed to furnish it etc and buy bits and bobs for the baby. She never intended to claim benefit was was not able to save enough from her SMP to see her through the coming 13 weeks.

Unfortunately life is just not as cut and dried as 1, 2,3. If she could get a nursery place earlier she woud return after 39 weeks. She can't.
I wish I had not bothered to post on here. I thought there were open minded, non judgemental, helpful people here. I am sure there are some, I just happened to come across one who is not. I also thought the rules stated to keep to the subject matter and not wander off the point with personal thoughts and observations....

iamana1ias

soph2566 wrote: »

iamana, your attitude astounds me. Daily I deal with people with no intention of ever getting work. My friends has always worked (granted in low paid minimum wage employment). She got pregnant, not planned. These things happen, even with contraception.

She still got 9 months notice. Plenty of time to look into the financial impact of the baby coming along.

soph2566 wrote: »

Moved into a flat, needed to furnish it etc and buy bits and bobs for the baby.

She could probably have got most of it from Freecycle thus saving money for now.

soph2566 wrote: »

She never intended to claim benefit was was not able to save enough from her SMP to see her through the coming 13 weeks.

What about her wages before she went onto SMP?

soph2566 wrote: »

Unfortunately life is just not as cut and dried as 1, 2,3. If she could get a nursery place earlier she woud return after 39 weeks. She can't.

Has she looked at other options? Childminders/granny/family and friends?

soph2566 wrote: »

I wish I had not bothered to post on here. I thought there were open minded, non judgemental, helpful people here. I am sure there are some, I just happened to come across one who is not. I also thought the rules stated to keep to the subject matter and not wander off the point with personal thoughts and observations....

I've followed your topic to the letter

Auzelia

why would she have to stop her WTC if she is still employed?

Auzelia

oh i see why now!

sherbetfountain

Auzelia wrote: »

why would she have to stop her WTC if she is still employed?

After the 39th week of maternity leave, WTC can no longer be claimed, unless there is a partner still working (more than 16hrs).