Maternity allowance-help.

kduffy101

hi all.
i will try to keep this short,
worked for my mum for 6yrs,due to start mat leave 7/6/10.
baby due 19/7/10).
on the 20/5/10 she had to cease trading,i sent all payslips +mat b1 form+a letter from her saying i had no job,shes been left with a pile of debt.
yesterday i got a call from HMRC asking why i was claiming maternity allowance from them+that they were DISPUTEING this,i explain that the company had closed as it was not making any money,they are going to contact her,saying she should pay this.shes now working for a company+shes stressed out with worry.
ive had no money from 21/5/10,
can they make her pay this?im starting to PANIC i need to buy things for baby.
im single+live with parents.
my mum called them last night,on the phone for 35 mins,+just got passed from pillar to post,with no real answers.
any comments would be great.:(

[Deleted User]

I should imagine your employer, mother, has to pay. If you worked for them during the test period, the fact that someone leaves the job or was made redundant etc does not change that.

ETA..BTW we're due on the same day!

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_10018869

Who isn't eligible?

If you're entitled to Statutory Maternity Pay (from any of your employers, even if you have more than one) you won't be eligible for Maternity Allowance.

kduffy101

her company does not exist any more,she had to close it down as it was not making money,instead of going insolvent she has agread to pay back her creditors a small emount each month.

[Deleted User]

kduffy101 wrote: »

her company does not exist any more,she had to close it down as it was not making money,instead of going insolvent she has agread to pay back her creditors a small emount each month.

Thats fact that she has closed the company is irrelevant. She has obligations as an employer one of which is being liable for Satutory Maternity Pay!

She may have been better going insolvent if she wanted to avoid paying!

http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/statutory-maternity-pay-smp/if-your-employer-cannot-pay/#cannotpay
If your employer cannot pay

If your employer cannot pay you SMP because they are insolvent or bankrupt, or the firm is in liquidation, phone the HM Revenue & Customs Statutory Payments Disputes Team on 0191 2255221. HM Revenue & Customs will need to know:

• your name and address
• the date your employer became insolvent
• details from your payslips of any payments received and the period covered by the last payment
• the date the Statutory Maternity Payment ends or the date you intend to go back to work

You may also be asked to provide some of this information in writing.
Arrangements can then be made for you to be paid.
But note that HM Revenue & Customs can only pay you from the week of your employer’s insolvency. Any SMP you are due for earlier weeks remains the responsibility of your employer.
If your employer is not insolvent or bankrupt, but is in financial difficulties or the business is closed, they should still pay you SMP. Make sure you give your employer notice and medical evidence at the right times. If you have any difficulty in getting payment from your employer, phone the HM Revenue & Customs Statutory Payments Disputes Team on 0191 225 5221.

kduffy101

am i right in thinking this is saying my old employer(my mum) WILL have to pay me maternity allowance????
even though she has no money to pay it.she gets £180p/w for working+has no money left after her own bills are paid,how will i get my maternity allowance from her???
surely i cant be expected to live with a new born baby on fresh air,IM STARTING TO PANIC NOW,+my mum will hit the roof when i tell har.am i entitilled to any dole money?ive never been on the dole ive allways worked.

kduffy101

can anyone please comment on this,ive been looking on line but cant seem to find any answers.
thanks

MCGONIS

Hello. I am not 100% sure but my understanding is that Jobcentre Plus will deal with a claim to Maternity Allowance. If they cannot pay this, they will then look at paying Employment & Support Allowance. Just call them. If you look at www.direct.gov you will find out some good information.

Good luck and let us know how you get on.

[Deleted User]

kduffy101 wrote: »

am i right in thinking this is saying my old employer(my mum) WILL have to pay me maternity allowance????
even though she has no money to pay it.she gets £180p/w for working+has no money left after her own bills are paid,how will i get my maternity allowance from her???
surely i cant be expected to live with a new born baby on fresh air,IM STARTING TO PANIC NOW,+my mum will hit the roof when i tell har.am i entitilled to any dole money?ive never been on the dole ive allways worked.

No your mum will have to pay you Satutory Maternity Pay.

Maternity Allowance is paid by the government when you do not qualify for SMP, which you do. If you are entitled to be paid by your employer they will not pay out benefits to you and will take action against your employer to ensure they pay what is owed to you.

Which is why they have this statement on their Maternity Benfits leaflet so they can take action against your employer..............

If you have any difficulty in getting payment from your employer, phone the HM Revenue & Customs Statutory Payments Disputes Team on 0191 225 5221.

Major headache that your mum was your employer but she should have known as an employer she had this liability and closing her business does not change her obligation to you.

kduffy101

im thinking of asking her how much debt she was left with+maybe suggest that she goes insolevent.
if she goes down that road the question is who will then pay my maternity pay?when will i get any money? as it would take time for this to happen:(.
thanks.

[Deleted User]

kduffy101 wrote: »

im thinking of asking her how much debt she was left with+maybe suggest that she goes insolevent.
if she goes down that road the question is who will then pay my maternity pay?when will i get any money? as it would take time for this to happen:(.
thanks.

If the company was already insolvent Maternty Allowance would be paid by the Government once they have established the facts BUT I'd be very careful here.

As you have already claimed and they have established your employer is liable to pay not them. If the employer than suddenly makes themselves insolvent they may see that as an action taken purley to avoid paying you (which it is) and they then could then take action against your mum!

You or rather your mum would really need to take professional advice on this as HMRC can be monsters and she could end up with huge fines or prosecution.

Even if it was accepted you're right in that you would be waiting some time before you got any money from them as there are a lot of processes to be finished before they would accept your claim for MA.

You should go to the JCP and see if you can make a claim for ESA. Though they will ask if you were employed and the MA/SMP situation and why it is not being paid by your employer.

kduffy101

ive just been on the bankruptcy boards on here+asked a few questions.
she did seek advice when she decided to close+was told it would be easier to go insolvent,but she thought she would just pay back here creditors each month+in a couple of years that would be sorted.
i think she will start to worry when i show here these posts.
thanks for your help.