Who pays my SMP?

vroombroom

Hi everyone

You might have read my post last week about my fixed term contract being finished on 22 June.

I've had a letter from my ex employees advising they will pay my remaining holidays. I'm owed SMP till November but when I spoke to HR today they said they don't pay it and I have to claim it?

Who do I claim it from??? I thought they would pay it in a lump sum? Can anyone shed any light as I'm panicking now x

thanks
vb x

Mudd14

AS it was a fixed contract they wouldnt pay it beyong the end of the termination date. Speak to the job centre about claiming maternity allowance.

vroombroom

whats the difference between SMP and MA?

tizerbelle

Actually I'm not sure that Mudd14 is correct. Once you have qualified for SMP there are only a few reasons why the employer can decide not to pay you / continue to pay you.

If there is a reason they can stop paying you they have to provide you with an SMP1 form and give back the MATB1 form you gave them originally. This is the SMP1 form here - it details the reasons why they can stop paying and they have to select one - can't see what fits in your circumstance. So I think they may have got a tad confused. You can always call your local tax office to double check the situation.

vroombroom

thats what i thought - i'm in my 3rd month o receiving SMP so not sure they can end? am so stressed with it x

tizerbelle

Stop stressing! I know it's hard. Have your old employer written to you and explained the reason for their decision. That will be the first step - to get their decision in writing. Speak to the HMRC advice line on 0845 30 21 479. Explain the situation and they will advise on what you need to do. They can also intervene with the employer on your behalf and make the decision as to whether SMP should be paid or not.

vroombroom

no I'm still waiting on a letter from them :-(

am just stressed as OH only brings in just over a grand a month - my current incomings with be £20 odd tax credits and £20 child benefit

which part of HMRC is that? x

tizerbelle

It's just the HMRC employee helpline. The number is on the front of the SMP1 form I linked to. There is an employers helpline listed as well but you don't ring that one. If HR have said they are not paying and you haven't had a letter from them yet to get the ball rolling I would send them a letter stating that following your conversation with [whoever] on [date] you understand that they are not paying you SMP anymore. As such in additon to the SMP1 form they are required to send you (along with your original MATB1) you require a written statement from them detailing which weeks they regard SMP as payable for; how much SMP they consider you are entitled to and why they do not regard themselves as liable to pay SMP for the other weeks in the period. You can also add in the phrase "as detailed in the HMRC E15 Employer Helpbook for Statutory Maternity Pay" (hopefully if they haven't already read it/ don't know it exists it might give them a kick up the proverbial) and let them know that you expect to receive their full response within 7 calendar days.

If they stick to their guns re not paying you then thats when you ask HMRC to make a formal decision on your entitlement.

vroombroom

excellent than k you xx

tizerbelle

Just remembered - if you have an email address for the HR department send it by email. If not send by post (keep a copy of the letter you sent) and either send it special delivery (costs an extra 77p on top of the stamp)- so someone has to sign for receipt of it or if that makes the cost a bit too much for you you can take the letter to the post office - with the stamp on it and ask at the counter for a "certificate of posting" - this is free and provides evidence that a letter was posted to a specific postcode