Eligibility for paternity pay

Sarahhhjp · 20 November 2020 at 12:01PM

Hi,

I have really struggled to get clarity from the gov.uk website regarding paternity pay. I’ve since tried calling HMRC and Citizens Advice but to no avail. I would really appreciate it if someone is able to clarify the eligibility criteria...
My partner was employed up until the end of July 2020 when he was unfortunately made redundant. Since then he has set up his own business and is paying tax through it on a self-employed basis. From what I’ve read self-employed workers are not entitled to anything, but as he was employed for some of the tax year I’m not sure if this changes things?
My due date was Weds so I am quite desperate to get this sorted ASAP.

Many thanks

poppy12345 · 20 November 2020 at 12:06PM

Sarahhhjp said:

Hi,

I have really struggled to get clarity from the gov.uk website regarding paternity pay. I’ve since tried calling HMRC and Citizens Advice but to no avail. I would really appreciate it if someone is able to clarify the eligibility criteria...
My partner was employed up until the end of July 2020 when he was unfortunately made redundant. Since then he has set up his own business and is paying tax through it on a self-employed basis. From what I’ve read self-employed workers are not entitled to anything, but as he was employed for some of the tax year I’m not sure if this changes things?
My due date was Weds so I am quite desperate to get this sorted ASAP.
Many thanks

He was may redundant so is no longer employed as PAYE this means he won't be entitled to any parternity pay because it's claimed through your employer, which clearly states this on the gov.uk website here https://www.gov.uk/paternity-pay-leave/how-to-claim. Those that are self employed can't claim it.

Sarahhhjp · 23 November 2020 at 11:11AM

Thanks for your response. Citizens Advice informed me that it isn’t quite that clear cut, if you’re self-employed and paying class 1 NI or paying yourself through PAYE then apparently you are entitled, but I cannot find how to apply for this anywhere. Does the fact that he was employed up until the end of July 2020 not also make a difference, seeing as he was paying full NI contributions etc up until then?

poppy12345 · 23 November 2020 at 11:43AM

Oh dear, that's not the best advice you've had there and i'm sorry but they are not correct. Parternity pay can only be claimed if you're employed by and employer as PAYE. If you're self employed you can't claim it. Did you actually read the link i posted above? Eligibility criteria is in there.

As he left the employed work as PAYE in July there's nothing to claim and no employer to claim it from. See link. https://www.simplybusiness.co.uk/knowledge/articles/2017/06/self-employed-paternity-pay-a-guide-freelancers-and-sme-owners/

It's got nothing at all to do with NI contributions. This would be maternity allowance that a woman can claim from the government if they're not enittled to it from their existing or previous employed work.

If he's paying himself through PAYE then he's not self employed. If he's doing this then he can continue to pay himself but it can't be claimed through the Government.

Sarahhhjp · 23 November 2020 at 12:04PM

Ok thanks. Yes I did read the link you sent, and had already read it several times before you shared it from previous research. It’s just the conflicting information I’ve been given from different sources which has made me doubt what is actually correct. But thanks for clarifying, glad to finally know where we stand.