Can I do self-employed work whilst on enhanced or SMP?

[TartyMcFarty]

I've also posted in returning to work - not sure which was most appropriate.

It's just occurred to me (doh!) that I might not be able to do my usual exam board marking and private tuition whilst receiving maternity pay. Can anybody answer some questions for me please?

DC2 is due in October. I am a teacher on a 0.5 contract.

Exam season would begin when the baby is 2-3 months old, so I would still be receiving some enhanced maternity pay. I was thinking of picking up my tuition again a month after that, but would have a small amount of EMP left, a period of SMP and then nothing. I have no plans to do KIT days with my employer.

Do my self-employed hours count against my SMP? And if so, would I be better or worse off by doing them?

[virgil]

You can't work when you're on mat leave unless they are kit days. If you do, your entitlement to smp will cease

[virgil]

Hang on, may have spoken too soon. Let me check the regs

[TartyMcFarty]

Ah. What if it's not the work I'm receiving SMP for?

[virgil]

Did speak too soon. In the same way that you can claim two lots of smp if you work two jobs at the relevant qualifying time before childbirth, you can also claim smp and continue to
Do voluntary work or self employed work. You can't however claim
SMA if you decide not to do the self employed work. Does that make sense? Upshot is you can do
The self employed work during mat leave without losing smp ( assuming your employment contract allows you to do so)

[TartyMcFarty]

Brilliant, thanks. Where did you look?

[virgil]

Am an employment lawyer so looked at the regulations . It's about whether you are liable to pay class 1 national
Insurance contributions in the second role. Therefore if it's voluntary work or self
Employed work you're fine. If its work as an
Employee it's not fine and you lose smp.

[TartyMcFarty]

Thank you. Would I just declare in the normal way?