Statutory Maternity Pay / Maternity allowance?

Gangaweed

I was a contractor, working through a personal service company. The company employed my partner who assisted me in the performance of my functions. Earlier this year, I was offered a permanent position and took it. My partner was also pregnant and she was made redundant by my PSC soon after and the company is now dormant.

She has now had the baby and is about to put in the paperwork for SMP / MA however as she is no longer employed by the company (which is now not trading / dormant) the company can not pay SMP and is required to complete an SMP1 form however the reasons on the SMP1 form don't fit this.

They are:
- Employee not employed long enough
- Earnings not high enough
- You did not tell me soon enough that you will stop work to have your baby
- You did not give me medical evidence soon enough
- You did not tell me soon enough that your baby had been born
- You were in legal custody
- You have started work after the birth

Anyone else been in this position? What is the correct way to approach this?

Darksparkle

Did she actually meet the criteria for SMP?

Statutory Maternity Pay (SMP)
To qualify for SMP you must:

- earn on average at least £112 a week
-give the correct notice
- give proof you’re pregnant
- have worked for your employer continuously for at least 26 weeks up to the ‘qualifying week’ - the 15th week before the expected week of childbirth

Spendless

If she didn't fit the criteria for SMP, she could look to see if she qualified for MA, but you say the baby is already born. How long ago? There is a time limit in which to make a claim
From


https://www.gov.uk/government/publications/maternity-allowance-claim-form


Time limit for claims
You must claim within 3 months of the date your
Maternity Allowance Period or 14 week period is due to
start. If you delay, you will lose money.

Gangaweed

Darksparkle wrote: »

Did she actually meet the criteria for SMP?

Statutory Maternity Pay (SMP)
To qualify for SMP you must:

- earn on average at least £112 a week
-give the correct notice
- give proof you’re pregnant
- have worked for your employer continuously for at least 26 weeks up to the ‘qualifying week’ - the 15th week before the expected week of childbirth

Baby was born 3 weeks ago. She did meet all the criteria except, there wasn't correct notice, though as my partner, I can hardly argue that I didn't know she was pregnant!

Darksparkle

It's not about you knowing she is pregnant but whether the correct paperwork was provided. Did she provide the company with a Mat B1? She should still have followed the proper procedures even though it was your company.

This would then seem appropriate "- You did not give me medical evidence soon enough"

When did she start working there?
What was her due date?
When was she made redundant?

Gangaweed

Darksparkle wrote: »

It's not about you knowing she is pregnant but whether the correct paperwork was provided. Did she provide the company with a Mat B1? She should still have followed the proper procedures even though it was your company.

This would then seem appropriate "- You did not give me medical evidence soon enough"

When did she start working there?
What was her due date?
When was she made redundant?

Employed since 2015, due mid December and made redundant early December.

Pricivius

If she met the requirements for SMP, then I would suggest that the company was obliged to pay it to her as part of her redundancy arrangement.

If you are suggesting she did not meet the requirements fo SMP as she did not give the company the MATB1 in time, then this is your answer on the form.