maternity benefits post redundancy?

MoneySavingMission

My job is at risk of redundancy. If selected, would i be entitled to any maternity benefits if i fall pregnant?

Obviously i know i wouldn't qualify for SMP as i technically wouldn't be in employment. I also understand that there is a Maternity Allowance but this seems to have a 26 out of 66 week rule. Can anybody shed some light on this?

many thanks

enabledebra

You say 'technically' not in employment. I'm not sure if you mean falling pregnant after selection but before the redundancy happens, or do you mean during the period of notice?

This is a starting point:
http://www.maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/redundancy.pdf

MoneySavingMission

thanks for your reply. I mean if i was made redundant without having to work notice period. does the 26wk period start from date of redundancy?

enabledebra

You are still employed during the notice period even if you don't have to work your notice so the weeks in the notice period count to the calculation of whether you have worked for at least 26 of the 66 weeks prior to the week before your due date to qualify for MA. I think this is what you are asking?

MoneySavingMission

so technically i would need to fall pregnant before the end of my unworked notice period in order to qualify for MAllowance based on a 40wk pregnancy?

If i do get made redundant and do go on to have a baby, if i miss this set 26 wk qualification rule for MA, would i be entitled to claim anything else?

enabledebra

Yes, or else you would need to work after redundancy to make it up to 26 weeks. Basically, if you look at it the other way around the rules mean you can be out of work for 40 weeks in the 66 weeks prior to the week before your due date but no more.

If you don't qualify for MA or SMP you might be able to get ESA. Failing all of these it's JSA, or Income support if your household income is low enough.

More info here:http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/

MoneySavingMission

thankyou. Would SMP weeks although at zero pay count towards 26 weeks?

enabledebra

MoneySavingMission wrote: »

thankyou. Would SMP weeks although at zero pay count towards 26 weeks?

I'm afraid I'm not sure what you mean. SMP is paid at a rate of at least 90% of average earnings and to qualify for SMP you need to be earning at least £107 pw on average so a minimum SMP payment would be £96.30. I'm not aware of a circumstance where you could be entitled to SMP but not to a payment. Someone else might know better though, I'm certainly no expert.

You could give the Maternity Action helpline a ring on 0845 600 8533
http://www.maternityaction.org.uk/adviceline.html

MoneySavingMission

sorry for the confusion. After most recent SMP i took the full 52 wk entitlement but obviously basic smp is only paid for 39 weeks so i have had a number of weeks on smp time but no payment. i wonder how that sits with NI to qualify for future mat allowance?

enabledebra

Oh I see. Yes weeks on unpaid maternity leave count as employed weeksThe Employment rule

You must have been employed and/or self-employed for at least 26 weeks in your 66 week test period. The 26 weeks do not have to be in a row and it does not matter how much you earn.You do not have to be actually physically at work to be employed or self-employed; you might be off work sick or have been on Statutory Maternity Leave for an earlier pregnancy for example.

Weeks when you have not worked a full week count towards your 26 weeks.

If you are self-employed, you must be registered as such with HM Revenue & Customs according to their rules.

The Earnings rule

To get MA your earnings, on average, must be at least equal to the Maternity Allowance Threshold (MAT) which applies at the beginning of your test period. The MAT is £30 a week so you must earn on average at least £30 a week. If you have more than one employer, all earnings will count when working out the average.

Period for calculating average weekly earnings

Your earnings are averaged over any 13 weeks in your test period. The 13 weeks do not have to be in a row and you may choose the weeks with the most earnings to help you get more MA. Earnings from all your jobs (if you have more than one) and earnings you are treated as having from self-employment will be used to work out your average weekly earnings. If your average is at least equal to £30 a week you will get MA..

http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/maternity-allowance-ma/#maelig

MoneySavingMission

thanks again. Last question! as expected my job was made redundant. i have a notice period but this is being paid upfront and do not need to work it. Will this notice period count within 26 weeks as technically now not working? This is complicated!