SMP & Maternity Allowance

kirstle99

Hi

I have received a letter from my work telling me I cannot get SMP from them because I 'have not earned enough money'. I have worked for them for 4 years and average about £8k a year as I am part-time. I was a bit confused about this as I didn't think it was based on income but from a bit of net surfing it looks like it's down to the amount of tax i've paid rather than my actual salary.

Anyways, this means i've got to get Maternity Allowance instead. Now, aside from the obvious of losing the 90% pay for the first 6 weeks, and also the accumulation of holiday pay whilst i'm off work, are there any other 'bad' points to MA? Do they affect your state pension or anything for example, or is it literally just another form of maternity pay if you can't get SMP?

Sorry for my babblings, hope someone can make sense of it! I have looked at the DWP website already but I can't seem to find much on it.

Thanks for reading

chrisbur

Entitlement to SMP is not down to what tax you pay it is decided on your earnings. If for example you are paid weekly on the same day each week; then the payday that falls in your qualifying week would be added to the seven paydays before that and divided by eight. If that is equal to or more than the lower earnings limit, currently £97 then you are entitled to SMP.

kirstle99

Ok, well in that case it looks like they've worked it out too early. I'm only 21 weeks pregnant, I just sent the form to them as soon as I got it. So i'll maybe see if I can bring it up with them. Thanks for your reply.

nottslass_2

kirstle99 wrote: »

Hi

I have received a letter from my work telling me I cannot get SMP from them because I 'have not earned enough money'. I have worked for them for 4 years and average about £8k a year as I am part-time. I was a bit confused about this as I didn't think it was based on income but from a bit of net surfing it looks like it's down to the amount of tax i've paid rather than my actual salary.

Anyways, this means i've got to get Maternity Allowance instead. Now, aside from the obvious of losing the 90% pay for the first 6 weeks, and also the accumulation of holiday pay whilst i'm off work, are there any other 'bad' points to MA? Do they affect your state pension or anything for example, or is it literally just another form of maternity pay if you can't get SMP?

Sorry for my babblings, hope someone can make sense of it! I have looked at the DWP website already but I can't seem to find much on it.

Thanks for reading

If you average about 8k per year you WILL be entitled to SMP.

I work part time and earn less than that and was entitled to SMP.

Ask your pay roll dept to recalculate your entitlement and if they still say you are not entitled seek legal advise.

[Deleted User]

It does sound like they have tried to calculate it a bit early, Do you work the same hours or variable? SMP is based on the 2 pay periods before your qualifying week (26 weeks pregant) so I'm guessing for you this will either be Jan and Feb Pay or Feb and March (Without knowing your actual due date, pay frequency, pay date I'm being quite vague) If for some reason (unpaid sick, unpaid leave, worked less hours) your pay drops belows am average of £97 this may have disqualified you. If you post or private message me a bit more info I can do a calculation for you. But at very least ask for an explanation from your Employer as to why they think you are not entitled?

chrisbur

kirstle99 wrote: »

Ok, well in that case it looks like they've worked it out too early. I'm only 21 weeks pregnant, I just sent the form to them as soon as I got it. So i'll maybe see if I can bring it up with them. Thanks for your reply.

Not sure what form you are refering to. The form required to calculate entitlement to SMP is the MatB1 form which should not be issued more than 14 weeks before the expected date of childbirth.
At 21 weeks you have not yet worked all the weeks that will be used to work out if you are entitled or not.

kirstle99

@JoanneNotts - I am given the same hours each week (roughly 29) but sometimes sue to appointments or longer/shorter breaks at work etc this might fluctuate slightly, as i'm hourly paid.

@ chrisbur - in the hospital where I have my 20 week scan they give out the form MATB1 as part of that as it can be issued from 20 weeks.

Sorry i'll give a bit more info, I average £8k a year as I said before, I get paid every 2 weeks into my bank account. I'm currently 21 weeks pregnant so my qualifying week isn't until the week commencing the 21st March. My actual due date is the 8th July 2011.

What I think has happened is as I sent the form in the second I got it (at 20 weeks) someone has assesed me too early. In doing this, they have counted the 2 weeks I was off sick with the flu and only recieved statuatory sick pay, which is why they are saying my earnings are so low. Even with this i'll still average £8k annual pay this tax year so I did think I was entitled.

The email from work actually said 'This employee is not entitled to SMP because they have not earned enough. We are sending back her MATB1 for in the post along with a letter detailing this.'

So when I get this back I think i'll be emailing them to see what's going on, as on the DWP website it says they must do your assessment including the 15th week in which the baby is due, which isn't until that week 21st March(!)

I did the calculator thingy on the hmrc website for SMP and it does say I'm entitled so we'll see what happens.

Thanks for the advice so far!