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SMP or maternity allowance?

(6 Posts)
SilverSixpence Thu 29-Nov-12 14:25:30

i've got a complicated mat pay question and am hoping someone can help. I was working for my employer until last month (15 months in total) but my contract ended before I was entitled to start mat leave, therefore I assumed I would just need to claim maternity allowance. On checking the maternity allowance form, I was employed during the 15th week before my baby is due, so the form says I may be entitled to SMP and should get a form SMP1 from my employer. I am no longer on the payroll and have received my P45 etc.

Do i need to get form SMP1?

SilverSixpence Thu 29-Nov-12 14:47:26

Forgot to say, if I am entitled to SMP, how do I go about claiming it? I obviously no longer work for my employer so i can't start mat leave but would i just write to them with the Mat B1 and request SMP to start (with at least 28 days' notice)?

flowery Thu 29-Nov-12 15:09:24

Yes as long as you were earning enough you will be entitled to SMP.

Write to your employer exactly as you have said, enclosing your MATB1 and requesting SMP to start from whatever date.

Did they know you were pregnant?

SilverSixpence Thu 29-Nov-12 15:28:51

yes they did, i think they (and I) assumed I wouldn't be entitled, my contract ended five days after the qualifying date for SMP. I should really have checked it all before hand, I'm a bit worried that because I didn't put in my request before leaving that they will be able to say I'm not entitled.

flowery Thu 29-Nov-12 16:43:14

No. The qualifying requirements are that you give the correct notice, were employed for 26 weeks by the qualifying week, and were earning enough in the 8 weeks before the qualifying week.

SilverSixpence Thu 29-Nov-12 18:10:45

Rang the helpline and they said I'm entitled too thanks flowery

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