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Dp's work threatening to delay paternity pay as they haven't had my mat b1

(9 Posts)
Nousernameforme Tue 28-Jan-14 11:29:13

I didn't get a MatB1 I don't work or qualify for maternity allowance I have no need for one I never asked for one and it was never offered.
Dp filled in his company form back at 27 weeks pregnant (i am now 39+5) where they did ask for the matB1 and we told them i didn't have one and they didn't need it then we heard nothing assumed it was all going fine until a couple of weeks ago when they said we wouldn't get paternity pay as they hadn't received the mat b1 to process it or it would be delayed until they saw a copy of the babies birth certificate which quite frankly they don't need to see and i don't want to give them either.
Can i do anything if they delay the paternity pay? it is just SSP and can they refuse to pay it at all if they don't get a copy of the birth certificate.

DawnOfTheDee Tue 28-Jan-14 11:36:28

AFAIK they have no legal right to demand your matb1 form or your birth certificate at all.

I'm not sure what recourse you will have though. Do your dh's company have a hr department/person he can talk to directly?

DuPainDuVinDuFromage Tue 28-Jan-14 11:39:34

I'm sure your DH doesn't need to provide a MatB1.

I've just checked the government website and it says he will need to provide Form SC3 or the employer's own version of the form at least 28 days before you want the pay to start - has your DH done this? Looking at the form it seems to require just basic details (see here).

Hopefully someone with more definite knowledge than me will be along soon!

Nousernameforme Tue 28-Jan-14 11:43:10

aye he has filled in their form he has been emailing their hr department there seems to be one person dealing with it so he has been talking to them directly. But they just keep repeating that without the mat

Nousernameforme Tue 28-Jan-14 11:43:24

b1 they can't process it

nickymanchester Tue 28-Jan-14 12:01:10

I think that perhaps they are getting mixed up with Additional Paternity Leave. Your dh does need to provide that sort of information for that. But not for ordinary Paternity Leave.

prh47bridge Tue 28-Jan-14 12:01:59

The HR person is wrong. Point them at this page.

nickymanchester Tue 28-Jan-14 12:03:16

Perhaps just get this HR person to confirm if they are talking about Ordinary Paternity Leave or Additional Paternity Leave. It sounds as though they might be a bit mixed up.

Unless you are actually talking about Additional Paternity Leave

Nousernameforme Tue 28-Jan-14 12:12:57

Thanks it is just the ordinary one we are after I will make sure that they understand that on the next email i send. I have already sent them that one prh have just sent this one to them
webarchive.nationalarchives.gov.uk/+/http://www.hmrc.gov.uk/employers/spp-faq.htm#b
So they can see the law from the employers point in case that was the problem.

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