Statutory Maternity Pay (SMP) and Maternity Allowance (MA) and offshore employer

AlanW1980

Hi I am looking for a bit of advice about what to do in regards to SMP pay for my partner.

She works in a private school in London, she is not directly employed by the school she was contracted to the school by a supply teaching agency about 18months ago and has been working there 3/4 days a week on average since then. It turns out that she is not employed by the teaching agency but rather an offshore umbrella company called ISS who are basically a salary service provider I think.

The school have said:
won’t pay maternity pay because you are not employed by us

the teaching (education) agency said:
won't pay maternity pay because technically you are employed by ISS not by us

the ISS agency said:
won't pay maternity pay because we are an offshore company and therefore we were informed we don’t have to do it

so the question I guess is what now? Is it best just to apply for maternity allowance and be done with it? I'm kind of confused what the main difference between the two is. They seem to be the same amount of money (90% of wages or £128 per week whichever is the lower sum)

many thanks
Alan

MrsManda

If her employer won't pay SMP they must give her a SMP1 form stating why it won't be paid.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_10018741

She can then apply for Maternity Allowance.
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_10018869

The difference (other than who's paying) is that for SMP she'd get 90% of her salary with no upper limit for the first 6 weeks then either 90% of her salary or £128.73 a week whichever is lower for a further 33 weeks.

For Maternity Allowance the maximum a week she'll get is £128.73 for 39 weeks.

So basically after the 1st 6 weeks SMP and MA are the same amount.

AlanW1980

I see! That's awesome thank you for the help.

yes both of her "employers" gave her an SMP1 form stating why they wouldn't do it. To me it's a bit underhand to say that they wont do it because they are an offshore company

Alan

aander

I think it's very underhanded! I'm in the same position and currently waiting for ISS to send me the SMP1. Did you appeal it at all, I'm thinking about doing that because I still paid taxes through them and I think should still qualify. Just wondered how it worked out for you.

AlanW1980

we didn't appeal in the end. We had more important baby shaped things keep us occupied! We've put it down to experience and will know better next time.

Alan

aander

Hi Alan,
by any chance did your partner still qualify for MA? They're trying to deny me and I just want to know what my odds are.
Thanks

AlanW1980

Hi

yes we ended up with maternity allowance but no SMP.