Not entitled to Maternity Pay - what else could I do?

alpineon · 23 June 2018 at 1:58PM

My partner is in the armed forces and his post is relocating in August. I am expecting our first baby at the end of December and have decided to resign from my job and relocate with him. By doing so I will be leaving work before the 'qualifying week' and will not be entitled to Maternity Pay but will receive Maternity Allowance. (The 'qualifying week' starts on Sept 16 and I will leave work on Aug 24 so miss out by just a few weeks!)

Once I've relocated I will be 21 weeks pregnant and am not sure I'd be an attractive candidate for a new employer! Is there anything I could be claiming in the weeks before I start receiving Maternity Allowance? Are there any benefits or allowances I would be entitled to?

Thanks for any advice.

TELLIT01 · 23 June 2018 at 3:56PM

I'm not aware of any benefits you could claim apart from JSA. The fact that you have had to relocate would mean there is no likelihood of being sanctioned for giving up your job. That would also depend on whether or not you were paying NI for most of the previous 2 years.

Silvertabby · 23 June 2018 at 8:00PM

TELLIT01 wrote: »

I'm not aware of any benefits you could claim apart from JSA. The fact that you have had to relocate would mean there is no likelihood of being sanctioned for giving up your job. That would also depend on whether or not you were paying NI for most of the previous 2 years.

Has that changed in the last few years? During my time in uniform it was a great bone of contention with Service wives who had to resign from their jobs in order to re-locate with their husbands. Even though they couldn't retain a married quarter at hubbie's old unit, DWP took the stance that as they had 'voluntarily' resigned from their jobs (regardless of the circumstances) then there was no entitlement to JSA.

I remember one wife threw a real hissy fit because the Job centre had told her that 'she could have always stayed behind and rented another house in the area in order to keep her job'.

When I retired (20 years ago) there were rumbles that the MOD were going to sort this out. I do hope that is the case.

clairec79 · 23 June 2018 at 8:04PM

Is there any way you could remain employed by them for a few weeks to get that qualifying week in? It's only three weeks - would you have built up enough annual leave for your final day to be after the qualifying period even if you finish when he moves (or if you can stay with friends for a few days)

JReacher1 · 23 June 2018 at 8:13PM

clairec79 wrote: »

Is there any way you could remain employed by them for a few weeks to get that qualifying week in? It's only three weeks - would you have built up enough annual leave for your final day to be after the qualifying period even if you finish when he moves (or if you can stay with friends for a few days)

Do you not need to stay employed by a company for the full duration of your maternity leave to get them to give you maternity pay?

alpineon · 23 June 2018 at 8:45PM

JReacher1 wrote: »

Do you not need to stay employed by a company for the full duration of your maternity leave to get them to give you maternity pay?

I would need to stay with my employer for the duration and return to work after maternity leave to be entitled to the company's extra maternity. I would be entitled to Statutory Maternity Pay (90% of earnings for six weeks + £145 per week for 33 weeks) but only if I work until the qualifying week. As it stands I will only be entitled to Maternity Allowance, which is £145 per week for 39 weeks.

alpineon · 23 June 2018 at 8:53PM

Thank you for all your replies.

I have been paying NI continuously for the last 5 years. I'll definitely enquire about JSA. I'm not sure if the MOD have made any changes recently, but it's something I can ask about.

Working an extra 3 weeks does seem the best option for securing SMP. Ultimately it'll be down to finding a temporary accommodation for that period. And adding annual leave to my final day would definitely take me a little bit closer to the qualifying week!

Thanks again. I appreciate your thoughts.

unforeseen · 23 June 2018 at 9:22PM

Silvertabby wrote: »

Has that changed in the last few years? During my time in uniform it was a great bone of contention with Service wives who had to resign from their jobs in order to re-locate with their husbands. Even though they couldn't retain a married quarter at hubbie's old unit, DWP took the stance that as they had 'voluntarily' resigned from their jobs (regardless of the circumstances) then there was no entitlement to JSA.

I remember one wife threw a real hissy fit because the Job centre had told her that 'she could have always rented another house in the area and so kept her job'.

When I retired (20 years ago) there were rumbles that the MOD were going to sort this out. I do hope that is the case.

It's been that way since the 80s to my knowledge. My wife claimed each time we moved. The hard bit is finding somebody who actually understands the rules that it is not a voluntary resignation

lytton · 24 June 2018 at 8:23AM

Regarding your qualifying week and what other posters mentioned above, you need to check your employer’s maternity policy very carefully, especially the bit about returning to work after your mat leave is up. Most employers will ask you to return to work after your 9-12 months and work for a minimum period in order to retain all the money you were paid. For example in the NHS you must return to an NHS employer for at least 3 months after your mat leave, else they can and will claw back the money you were paid.

You will likely need to find a way to stay until your qualifying period, but then return to your employer for a period after your mat leave is up, which might mean in a year and a bit you’ll have to travel back up and stay with someone/rent accommodation. This could be costly, although it might still make financial sense if you can budget for it and pick a low-cost option, although it’ll naturally be disruptive to your family life. Good luck whatever you chose to do, and remember to thoroughly read your company mat leave policy so you don’t fall foul of a crafty clause.

Spendless · 24 June 2018 at 8:39AM

lytton wrote: »

Regarding your qualifying week and what other posters mentioned above, you need to check your employer’s maternity policy very carefully, especially the bit about returning to work after your mat leave is up. Most employers will ask you to return to work after your 9-12 months and work for a minimum period in order to retain all the money you were paid. For example in the NHS you must return to an NHS employer for at least 3 months after your mat leave, else they can and will claw back the money you were paid.

You will likely need to find a way to stay until your qualifying period, but then return to your employer for a period after your mat leave is up, which might mean in a year and a bit you’ll have to travel back up and stay with someone/rent accommodation. This could be costly, although it might still make financial sense if you can budget for it and pick a low-cost option, although it’ll naturally be disruptive to your family life. Good luck whatever you chose to do, and remember to thoroughly read your company mat leave policy so you don’t fall foul of a crafty clause.

I believe that is only if you are paid more than the statutory amount, when you must either return to work for x amount of time or repay any additional money. If you're only being paid statutory it doesn't apply. I never returned to either of my jobs after maternity - kids now 18 and 15 and never had to repay a penny, because I never received any additional pay.

OP - My sis in law had a similar issue 28 years ago, she managed to find some admin temping work for a few weeks. Would that be a possibility?

lytton · 24 June 2018 at 10:29AM

Yeah I should have specified that it’s occupational mat pay that they may want back rather than stat. Occu mat pay is usually the pay that you want the most however as it’s more sizeable, typically.

Not entitled to Maternity Pay - what else could I do?

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