Work won't process my matb1 forum until I go on maternity leave?!

[TheBooMonster]

I received a phone call from work today (I am 18 weeks) enquiring as to when they would get my matb1 form and telling me that if I needed it for benefits I should do that before giving it to them because head office 'won't give it back' once they receive it and won't process it until I am going on maternity leave. I obviously pointed out that I know and they know that I am not entitled to SMP and therefore need my matb1 form and an SMP1 form from work to apply for maternity allowance, and that I had been expecting to get those back within 28 days of giving them my matb1 form, and was quite firmly and specifically informed that all my store could do was request that it was handled urgently but (it was indicated but not said) that that request would probably be ignored.

I'm pretty sure it's not even legal to do things that way? And the fact that they apparently consistently do concerns me somewhat...by the time I go on maternity leave it will be 4 weeks before my due date and I could be induced that weekend, so not getting those forms back until I've potentially already had the baby is stressing me out somewhat, is there anything I can do to ensure that my forms are processed by work within the 28 days or am I going to have to start my maternity leave early so that I can sort out applying for maternity allowance without a baby on my hands?

[Picturesinthefirelight]

They HAVE to give you your SMP1 along with your original MAT b1 form within 28 days of your official SMP request

[Ellypoo]

I would send your MATB1 with your letter to Head Office directly (cc'd to your manager), and state in your letter that you believe that you aren't entitled to SMP, so, in line with legislation, you expect to receive your MATB1 and SMP1 back within 28 days of the date of your letter.
Then chase it.

[TheBooMonster]

I'm going to put in in the letter along with a stark warning to admin that If there isn't an SMP1 form and MATB1 form in my hands within 28 days I will contact the SMP help line and get them to chase it up, from that point they'll have 28 days before they're changed £300 and then £60 a day for not getting it back to me. I was pretty pissed that I phoned head office to try and discuss it and wasn't even allowed past the receptionist who completely failed to actually answer my question! "You will get the forms before you go on maternity leave" "yes, but will I get it in the 28 days of you receiving it that you're required to get it back to me by law" "you will get it back before you go on maternity leave" "thanks..."

[Spindelina]

I didn't let mine out of my sight! I took it to HR in person. But I didn't need an SMP1 - I only started my job the week after my qualifying week. I feel your pain.

[adiposegirl]

They are taking the piss.

As far as im aware, even though you know you will not be entitled to SMP from your employer, you still have submit your MATB1 form to them before you claim SMA. This is because you are currently an employee. If you were say self employed, you'd skip the above and claim SMA from the get go.

Aside: are you absolutely sure you are not entitled to SMP? Have you used an online date checker?

[TheBooMonster]

I earn £104 a week which is below the £111 threshold, had I realised I wouldn't have moved to weekends earlier in the year. I have spoken to the store manager, and it seems it's a case of left hand - right hand communication fail.