Can my wife claim?

nrishiraj

Hi

I apologise if this question has already been answered.

My wife moved here from holland last year, we got married a few months ago and she's 6 months pregnant.

I work full time, she doesn't work. Is there any maternity allowance or any other benefit she claim?

Thanks

poppasmurf_bewdley

nrishiraj wrote: »

Hi

I apologise if this question has already been answered.

My wife moved here from holland last year, we got married a few months ago and she's 6 months pregnant.

I work full time, she doesn't work. Is there any maternity allowance or any other benefit she claim?

Thanks

Hopefully not.

HappyMJ

nrishiraj wrote: »

Hi

I apologise if this question has already been answered.

My wife moved here from holland last year, we got married a few months ago and she's 6 months pregnant.

I work full time, she doesn't work. Is there any maternity allowance or any other benefit she claim?

Thanks

No you can support her from your wages if they are sufficient.

Why should she get more money?

She can claim JSA - Job seekers allowance. She can look for work, sign on every 2 weeks and get national insurance credits. She won't get any money due to your earnings.

Maternity allowance is paid to working mothers who are no longer able to work. It's a contributions based benefit. She needs to have qualified for it by working for the last year.

pmlindyloo

Since your wife has not been working then she will not be eligible for Maternity Allowance.

https://www.gov.uk/maternity-allowance/eligibility

pmlindyloo

HappyMJ wrote: »

No you can support her from your wages if they are sufficient.

Why should she get more money?

She can claim JSA - Job seekers allowance. She can look for work, sign on every 2 weeks and get national insurance credits. She won't get any money due to your earnings.

Maternity allowance is paid to working mothers who are no longer able to work. It's a contributions based benefit. She needs to have qualified for it by working for the last year.

Not true, read the link.

Doesn't change the outcome though.

When the baby is born you may be entitled to child benefit and maybe tax credits depending on your income.

FBaby

Did she work in Holland? Maybe she might be entitled to something from their benefit system even though she doesn't reside there any longer.

NYM

Good point FBaby...

Under EU social security co-ordination rules a person can take periods of work and contributions paid in other EEA states into account when applying for benefits in another EEA state. This applies to Maternity
Allowance and contribution-related Employment and Support Allowance, see below.

Pregnant employees have the right to paid time off for antenatal care, protection from health and safety risks and the right not to be treated unfairly because of pregnancy or childbirth. Employees have the right to 52 weeks maternity leave from day one of their employment.

Statutory Maternity Pay (SMP) is paid by the employer for 39 weeks to women who meet the qualifying conditions.

Maternity Allowance (MA) is paid for 39 weeks by the Job Centre Plus to women who do not qualify for SMP.

MissMoneypenny

nrishiraj wrote: »

My wife moved here from holland last year, we got married a few months ago and she's 6 months pregnant.

I work full time, she doesn't work. Is there any maternity allowance or any other benefit she claim?

Perhaps more important, how is she exercising her treaty rights to have a right to reside in the UK? Her EU passport only gives her 3 months in the UK and then she must be a Qualified Person to have a right to reside in the UK or must leave the UK. The UK can and does, remove and ban for 1 year, those EEA citizens who no right to reside in the UK.

She cannot use the NHS for free or claim benefits from the UK. Only a Worker Qualified Person can use the NHS for free and claim UK benefits: but they must be in work and earning enough each week to pay NICs to be a Worker Qualifed Person. The UK have brought in new laws under the Immigration Act 2014, so that from the 6 April the NHS must now check who has to pay and bill them, or that trust is now fined.

As she isn't a Worker Qualified Person, she needs to pay to use the NHS and she cannot have any UK benefits.

According to the NHS site, her Dutch EHIC card (where her own country pays for her NHS treatment) will not pay her bill for a planned birth on the NHS: EHICs are for those visiting another country. A straightforward birth on the NHS will cost her about 2/3k.

MissMoneypenny

poppasmurf_bewdley wrote: »

Hopefully not.

She can't anymore. And she is not allowed to use the NHS for free and must pay. Cameron changed what is allowed in the UK under Free Movement.

Since 2010 Cameron has been steadly changing what is allowed in the UK under Free Movement, making sure they are all legal under EU law (or changing EU law for the UK only in EU courts). Then bringing in the systems to check, and laws to make it very difficult for overstayers.

poppasmurf_bewdley

MissMoneypenny wrote: »

She can't anymore. And she is not allowed to use the NHS for free and must pay. Cameron changed what is allowed in the UK under Free Movement.

It is good to hear that things are being done to prevent British Taxpayers having to subsidise foreigners both through the NHS and benefits.

I am pleasantly surprised that politicians are finally heeding the British Public.

pmlindyloo

May I gently point out that as the OP is married to his EU member wife most of the latest posts are incorrect.

There does seem to be a little confusion in these posts between EU nationals (which UK citizens are too) and non EU nationals.

Access to the NHS is not granted because of nationality but because of right to reside and habitual residence which, I believe, the OP's wife achieves through her marriage to him.

http://www.rotherham.nhs.uk/foi/Guidence%20for%20GPs/Simple%20Guidance%20for%20Free%20NHS%20Treatment.pdf