Am I entitled to Statutory Maternity Pay?

What is Statutory Maternity Pay?

Statutory Maternity Pay (SMP) is an employee benefit that is part of the parental leave provision in the UK. If you’re eligible for it, SMP is paid for up to 39 weeks when you start your maternity leave. You’ll receive 90% of your average weekly earnings for the first six weeks. For the remaining 33 weeks, you’ll receive £156.66 or 90% of your average weekly earnings – whichever is lower (2022/23).

Your employer pays your SMP in the same way as your salary is paid. They deduct any tax and National Insurance contributions.

How do you know if you are eligible to receive SMP from your employer?

To qualify for SMP you must earn on average at least £123 a week and have worked for your employer continuously for at least 26 weeks continuing into the ‘qualifying week’ – the 15th week before the expected week of childbirth.

You will also need to give your employer the correct notice and proof that you are pregnant. You must advise your employer of your pregnancy, the expected week of childbirth and the date on which you intend to start your maternity leave. You will need to provide this information before or in the 15th week before your baby is due. Within 21 days of starting your maternity leave you must provide proof, this is usually a MATB1 form, which will given to you by your midwife no more than 20 weeks before your due date but can also be a letter from your doctor or midwife.

What if your employer can’t pay you SMP?

Yes, you can still get SMP as long as you are employed in part of the qualifying week (the 15th week before your baby is due) and you meet the qualifying conditions above.

Once you have qualified for SMP, you are entitled to receive it for the full 39 weeks (unless you start a new job for a new employer). This is true even if you are made redundant, you leave your job, or a fixed term contract comes to an end at any time in or after the 15th week before your baby is due or during your maternity leave.

Remember, you do not have to repay your SMP if you are not going back to work – all employers can claim your SMP from HMRC.

If you aren’t eligible for SMP you may be able to claim Maternity Allowance (MA.), MA is a payment you can get when you take time off to have a baby.

You could get it if you are employed but cannot get Statutory Maternity Pay, are self-employed, have recently stopped working or take part in unpaid work for the business of your spouse or civil partner. Maternity Allowance is payable for up to 39 weeks and you can claim as soon as you have been pregnant for 26 weeks. Payments can start up to 11 weeks before your baby is due.

You’ll need to complete a Maternity Allowance claim form (MA1.) The form has notes to help you fill it in. You’ll need to give information about your employment in the 66 weeks before your baby is due (called the ‘Test Period’). This will include proof of your income, proof of the baby’s due date (MATB1) and your SMP1 form if you were refused Statutory Maternity Pay (SMP) by your employer.

Maternity allowance is paid every 2 or 4 weeks and the amount you receive will be based on your circumstances. If you’re employed or recently stopped working, you’ll get £156.66 a week or 90% of your average weekly earnings (whichever is less) for 39 weeks. If you’re self-employed You can get between £27 to £156.66 a week for 39 weeks. How much you get depends on how many Class 2 National Insurance contributions you’ve made in the 66 weeks before your baby is due. To get £156.66 per week you must have been registered with HMRC for at least 26 weeks in the 66 weeks before your baby is due and paid Class 2 National Insurance contributions for at least 13 of the 66 weeks before the baby is due.

If you’ve paid less than 13 weeks of Class 2 National Insurance contributions, your Maternity Allowance will be calculated based on how many weeks of contributions you’ve made. If you’ve not paid any Class 2 National Insurance contributions, you’ll be entitled to £27 per week Maternity Allowance.

For further advice and guidance, please do not hesitate to get in contact with us.