Return to DIAL Doncaster's Home Page Profile of DIAL Doncaster DIAL Doncaster's Benefits Advice and Information Section DIAL Doncaster's Factsheets DIAL Doncaster's Information Sheets DIAL Doncaster's Lists of Local and National Disability Organisations. DIAL Doncaster's Access Audits Service. DIAL Doncaster's Disability Equality Training Service.
Links to other Disability Related Websites. How to Contact the DIAL Doncaster Office. Search DIAL Doncaster's Website for Specific Information. Site Map of DIAL Doncaster's Website. DIAL Doncaster's Charity Shop. Shop Online using DIAL Doncaster's Webshop and Earn Us Commission. DIAL Doncaster's Newsletter. What's New on DIAL Doncaster's Website This Month.
DIAL Doncaster, Unit 9, Shaw Wood Business Park, Shaw Wood Way, Doncaster, DN2 5TB
Maternity Benefits
Updated 09/04/08

STATUTORY MATERNITY PAY

You may be able to get statutory maternity pay (SMP) when you stop work to have your baby.

You will not have to repay it if you do not return to work.

You qualify if:

  • You have worked for the same employer for at least 26 weeks into the 15th week (the 'qualifying week') before the week the baby is due (a 'week' starts on Sunday and runs through to the end of the following Saturday); and
  • You are still in your job in the qualifying week (it doesn't matter if you are off work sick or on holiday); and
  • Your average earnings are at least £87 a week; and
  • You give your employer the right notice (see below).

HOW MUCH DO YOU GET?

SMP is paid by your employer and is paid up to a maximum of 39 weeks. For the first 6 weeks you get 90% of your average weekly earnings (with no upper limit). The average is calculated from your gross earnings in the 8 weeks, if weekly paid, or 2 months, if monthly paid, before the end of the 15th week before the baby is due. The remaining 33 weeks are paid at the standard rate of £117.18, or 90% of your average weekly earnings if this calculation results in a figure that is less than £117.18.
You may have to pay tax and National Insurance contributions out of your SMP.

WHEN IS IT PAID?

SMP can start from the 11th week before the week in which the baby is due. You decide when you stop work and start your maternity pay period. You can work right up until the baby's birth.

If your baby is born early (i.e. prior to the 11th week before it is due), your SMP will start the day following the birth.

You should write to your employers at least 28 days before you plan to stop work, asking for SMP. Send your maternity certificate (form MAT B1), which your doctor or midwife will give you when you are about 21 weeks pregnant. Tell your employer as soon as is reasonably practicable if your baby is born early.

If you are not eligible for SMP, your employer should give you form SMP1 within 7 days. You may be eligible for maternity allowance.

SMP works in a similar way to statutory sick pay, so you have the right to ask your employer for a written statement about your SMP position. If you disagree, you can refer your case to your local HM Revenue & Customs office for a decision. If the HM Revenue & Customs decides against you, you can appeal to the General Commissioners of Income Tax. Your employer can also appeal.

MATERNITY ALLOWANCE

If you cannot get statutory maternity pay, you may qualify for tax-free maternity allowance (MA).

To qualify, you must have worked, either employed or self-employed, in at least 26 of the 66 weeks before the week in which the baby is due, and earned an average of at least £30 a week for 13 of these weeks.

MA is £117.18 a week or 90% of your average weekly earnings if this is less than £117.18.

If you have paid 13 Class 2 National Insurance contributions you will be treated as having earnings sufficient to result in the payment of MA at £117.18 a week.

WHEN IS IT PAID?

MA is paid for up to 39 weeks and can start from 11 weeks before the expected week of childbirth. If you are employed or self-employed, you may delay the start of your MA up until the baby's birth.

However, if you are not employed, your MA will start from the 11th week before the expected week of childbirth.

HOW DO YOU CLAIM?

Fill in form MA1 and send it to your local Jobcentre Plus office together with your maternity certificate (MAT B1) and form SMP1 if you have it.

You can get MA1 from the DWP or your antenatal clinic (or the DWP website: www.dwp.gov.uk/advisers/claimforms/ma1.pdf).

Send in form MA1 as soon as you can after you are 26 weeks pregnant. Don't delay because you are waiting for MAT B1 or SMP1. You can send them later. If you claim more than 3 months after the start of your MA period you may lose money.

If you are not entitled to MA, the DWP should check if you can get Incapacity Benefit instead.

STATUTORY PATERNITY PAY

If you are entitled to Statutory Paternity Leave, you may also be entitled to statutory paternity pay (SPP). You can get this if you have worked for the same employer for at least 26 weeks by the 15th week before the baby is due and have average earnings of at least £90 a week.

It is paid by employers for up to 2 weeks at a rate of £117.18 a week, or 90% of your average earnings if less.

You must give your employer at least 28 days (or as soon as reasonably practicable) notice of the date you want your SPP to start. You can use form SC3 to notify your employer.

If you can't get SPP your employer must give you a form SPP1 explaining why you don't qualify. You may be able to claim income support during paternity leave.

MATERNITY PAYMENT FROM THE SOCIAL FUND

If you get income support, income-based jobseeker's allowance, or child tax credit (paid at a rate which exceeds the family element); or working tax credit where there is a disability element included in the award, you may qualify for the £500 Sure Start maternity grant from the social fund. See 'Social Fund'.

Return to Benefits Advice Contents Page