Maternity Benefits

stargirl73

Hi

I'm not sure if this is in the right place - so please move if it's not. Thanks.

I'm looking for advice regarding maternity benefits but my situation, whilst I'm sure isn't unique, is complicated to say the least!

I hope I can explain OK.

I have been on long term sick from my job for nearly 3 and a half years now. I've been doing much better over the last year and occupational health have been happy with my progress - but took a cautious watch and wait stance.

Anyway - in the meantime, I became unexpectedly pregnant, which has somewhat screwed up my plans of a return to work.

I saw the occupational health doc last week - he had encouraging, positive reports from my treating professionals and all the sounds were good for getting me back to work.

I then told him I was pregnant. Although he seemed a little shocked (but not as shocked as I was!) he said that was a material fact and that that shouldn't make any difference when considering my return to work.

He asked if I'd sorted out maternity benefits and I said I had looked into it - but that I didn't think I was entitled to anything. I have spoken to ACAS, a parents rights organisation and pay roll at work (anonymously) and they have all said the same thing: that even though I have been employed for the qualifying period, as I haven't actually earned any money and therefore the only benefit I would be entitled to would be incapacity benefit for two weeks before and 4 weeks after the birth.

I had resigned myself to this and have been trying to push things along at work so that I could get back for however short a period of time in order to collect some wages so we would have at least some money to be going on with.

Well - the occupational health doc said "what about holiday pay?" I have to be honest - I'm a bit clueless about these things. He said something along the lines of "I would be entitled to holiday pay which has been accruing whilst I've been off sick (over 3 and a half years that would be about 115 days pay) and that would cover me for the contributions required during the qualifying period". As I say - the conversation was something along those lines!

He then went on to confuse me more by saying something about class V national insurance contributions - and that I could make voluntary contributions which would then entitle me to claim SMP.

He's obviously a doctor, not a benefits adviser, but is he right in what he says - or is he just as confused as me!? He did seem quite convinced that what he was saying was accurate.

As I say - I had resigned myself to the fact that I wouldn't receive any maternity benefits, and whilst I wasn't happy with that (because if work had got their finger out I could have been back at work over a year ago and therefore would have been entitled to something if I had become pregnant) I had accepted the fact.

Can anybody decipher what I'm twittering on about? What are class V NI contributions and would holiday pay (retrospective one would assume) qualify for me benefits? (That is assuming that work will pay me holiday pay)

I'm 26 weeks pregnant now and so I am aware that time is running short. I thought I had all this stuff sorted in my head weeks ago but he has thrown everything into utter confusion - again!

Hope somebody out there can help.

Thanks in advance.

stazi

You say that you have been sick for 3.5 years.

I am asuming that you have been claiming Incapacity Benefit (IB) from week 29 of your sickness- SSP being paid by your employer up to week 28.

If I'm correct, then unfortunetly you will not qualify for either SMP from your employer, or Maternity Allowance from JCP.

Your IB claim will continue, but you should tell JCP about your pregnancy.

Savvy_Sue

There was a test case a while back where it was established that if you were off sick for more than 12 months, you weren't entitled to holiday pay. So I think you might have lost that one.

You can pay voluntary NI contributions which allow you to claim Maternity Allowance, but I'm not sure if that applies in your case - I did it when I was self-employed and earning so little that I had an exemption from paying the 'normal' s/e NI.

I think Working Families should be able to give you the definitive answer.

stazi

Savvy_Sue
To clarify your prev post-
You can pay voluntary NI contributions which allow you to claim Maternity Allowance... You cannot.

You can only pay Class 2 self employed NIC if you were actually self employed at the time.
Voluntary NIC, called Class 3, only go towards State Pension and Bereavement Benefits.

Savvy_Sue

Yup, I did say I wasn't sure if it applied in this case. But should probably have been clearer.