Pregnant and benefit.

Nicky321

My daughter is 19 years, single, currently 26 weeks pregnant and living with us. She has worked casual for her employer since 2005 and we think she meets the requirements for Maternity allowance payments.
She is currently unwell and her doctor wants to sign her on the sick my questions are:-

If she goes on the sick will she claim income support?
She has currently received this on a couple of occasions during this pregnancy as she did not qualify for Incapacity benefit.

If she is on income support will she need to claim Maternity allowance from 29 weeks pregnancy or will she be able to defer this until 36 weeks as originally planned?

I have read that if you are in receipt of Income support from 29 weeks pregnancy you may be able to claim the Sure Start maternity grant.
Would this apply? And would it have an affect on any Maternity allowance due?

In the notes about maternity allowance it says
If you are off sick just before you get MA The rules are the same as if you were still at work. But, if you are sick and absent from work because of your pregnancy at any time in the 4 weeks before your Expected Week of Childbirth, any Statutory Sick Pay (SSP) or Incapacity Benefit will stop. You will then need to claim Maternity allowance if no Statutory Maternity Pay (SMP) is due.

Please help, ive been to the Local CAB and its no longer there!

stazi

If she works for an employer, she needs to apply for Statutory Sick Pay (SSP) and Statuory Maternity Pay (SMP) from the employer. Only if she is not entitled to either SSP/SMP would she claim IB/IS whilst sick, and/or MA for the pregnancy. Forms SSP 1 and SMP 1 are issued to an employee by an employer if SSP/SMP is not payable.
If SMP is not payable, then MA can be claimed on form MA1. It will depend when MA would be paid from if she is/is not sick. The earliest MA can be paid is 11 weeks before the baby is due, and is now payable for a max of 39 weeks.
A SSMG may be payable if IS is in payment.

Nicky321

stazi wrote: »

If she works for an employer, she needs to apply for Statutory Sick Pay (SSP) and Statuory Maternity Pay (SMP) from the employer. Only if she is not entitled to either SSP/SMP would she claim IB/IS whilst sick, and/or MA for the pregnancy. Forms SSP 1 and SMP 1 are issued to an employee by an employer if SSP/SMP is not payable.
If SMP is not payable, then MA can be claimed on form MA1. It will depend when MA would be paid from if she is/is not sick. The earliest MA can be paid is 11 weeks before the baby is due, and is now payable for a max of 39 weeks.
A SSMG may be payable if IS is in payment.

stazi thanks for your prompt reply.
I understand about the SSP and know she will NOT be entitled to it nor be entitled to SMP, as she has already been off sick and had to claim Incap benefit (which she didnt get because she hadnt paid enought NI contributions) and therefore was awarded IS. She meets the requirements for MA but was only going to ask for MA payments to start when she was 36 weeks.

at the moment she is 26 weeks pregnant and sick, and I think the doctor will sign her sick for the remainder of her pregnancy as this has been a bit of a troublesome pregnancy and her job doesnt help.

Im not sure if she would claim IS until she is 36 weeks and then MA.
Or if she will have to claim IS until she is 29 weeks and then have to claim MA.

stazi

It will therefore depend on how much her MA will be - it will depend what her earnings have been - against how much her IS will be.
Her MA will be 90% of her average earnings for the 13 best weeks she chooses in the Test Period of 66 weeks/ 15 months before the baby is due.
For example ave earnings of £90pw -90% of £90=MA at £81pw for max 39 weeks.

Nicky321

Again I understand that, 90% of her earnings are approximately £130.00 therefore i assume she will get full MA allowance of £112.00. Would she have to go onto MA payments at 29 weeks, rather than stay on IS payments until 36 weeks?

stazi

Her IS rate must be less than MA. Why not claim MA from the earliest date of 11 weeks before the due date?

Nicky321

stazi wrote: »

Her IS rate must be less than MA. Why not claim MA from the earliest date of 11 weeks before the due date?

she was intending to originally work upto 36 weeks and then have 4 weeks MA before the baby was born and 35 Weeks MA after the baby was born therefore spending more time with the baby after he arrives. If she claims MA At 29 weeks it means she will only have 28 weeks after the baby arrives.
Thats why I am wondering if it will be compulsary to go onto MA at 29 weeks if she in on IS at that time, or whether she can carry on with IS until 36 Weeks and then go onto MA. Sorry Im rambling a bit, but i just want to make sure she gets what shes entitled to.

stazi

If she's employed at week 15 (known as the qualifying week) before the due date, she can choose when the MA will start.

Nicky321

yes she was employed in that week.
Therefore i think she will claim IS from now till week 36 due to her being sick and unable to work and MA from week 36

hazelbunny

Why is your daughter not entitled to sick pay? If she has been working for her employer since 2005 and earns more than £87 per week she should be entitled to it.

Nicky321

hazelbunny wrote: »

Why is your daughter not entitled to sick pay? If she has been working for her employer since 2005 and earns more than £87 per week she should be entitled to it.

she works casual hours and has no contract. her hours vary some weeks she may have 12 hours or so others 36+ hours.