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Can you get double SMP if you have 2 jobs?

(15 Posts)
zazas Wed 12-Aug-09 16:23:10

Does anyone know if you can get double SMP if you have 2 part time jobs - each one meeting the criteria of hours worked / money earned? Thanks

EldonAve Wed 12-Aug-09 16:23:30


llareggub Wed 12-Aug-09 16:31:11

Oh, I thought it was possible. Otherwise what happens to the 2nd job on maternity leave? Both employers would be legally obliged to give maternity leave. I remember quizzing our payroll manager on this very question some years ago, and he said it was possible.

Off to google.

zazas Wed 12-Aug-09 16:32:30

Oh, my friend has just been told by HMRC that she can! Yet is concerned that she is being misled and will have to pay it back. I have never heard that you could, the obvious being that 2 part time jobs would be better than one if you were planning on getting pregnant!

AMumInScotland Wed 12-Aug-09 16:33:20

I think you can - if you look at the DirectGov website link here it says you may be able to get it from both employers. Since the amount is a proportion of your wages, then I guess that's fair enough if you've got 2 part-time jobs, so your wages in each are already pro-rata to a fulltime employee.

llareggub Wed 12-Aug-09 16:33:38

From xperthr:

If a pregnant employee has more than one job, whether or not she is entitled to statutory maternity pay (SMP) for each job depends on how the Class 1 national insurance contributions on her earnings are worked out.

If all of the employee's earnings have to be added together to work out Class 1 national insurance contributions, they also have to be added together to work out her average weekly earnings, so she is entitled to receive only one lot of SMP. This is usually the case, and indeed is the general rule, where the employee has two or more jobs with the same employer or with associated employers. The only exception is where it is not reasonably practicable for the employer to add together the earnings from the separate jobs. The onus is on the employer to show that aggregation is not reasonably practicable, taking into account the costs, resources and effects on running the business. Employers are considered to be carrying on business in association with each other for these purposes if their respective businesses serve a common purpose and, to a significant degree, share such things as accommodation, personnel, equipment or customers.

If the Class 1 national insurance contributions on the employee's earnings are worked out separately, the employee's average weekly earnings must also be worked out separately. As a result, the employee can receive more than one lot of SMP, assuming of course that she fulfils the other qualifying conditions for SMP. If the employee has two or more jobs with different employers, then the general rule is that each employer must work out national insurance contributions on the earnings that it pays the employee and should ignore the payments made to the employee in her other job. This means that if the employee works for two different employers that are not carrying on business in association with each other, she will be eligible to receive SMP from each employer, subject to fulfilment in each case of the SMP qualifying conditions.

llareggub Wed 12-Aug-09 16:34:08


gingerbunny Wed 12-Aug-09 16:34:50

when i had ds1 3 years ago, you def could only get one lot and i'm pretty sure the rules haven't changed

llareggub Wed 12-Aug-09 16:37:32

<yells for flowery to give the casting vote>

EldonAve Wed 12-Aug-09 16:39:34

direct gov link
I was wrong so change my vote to yes

zazas Wed 12-Aug-09 17:08:50

That is good news! Thanks for your answers.

Babyfun15 Mon 24-Nov-14 22:02:59

Hi just wondered if anyone can confirm if 2 lots of Smp was paid?!
Or anyone been through this recently?? Xx

TheGirlFromIpanema Tue 25-Nov-14 09:27:48

Yes babyfun. If you meet the criteria in two jobs you will get two lots of SMP smile

trulymadlyme Tue 25-Nov-14 20:44:01

Yes, I am manager of a small company and we paid two lots of maternity pay to one person a few years ago. The role is split into two areas, both paid seperately and she qualified for and received two lots of SMP

maggiethemagpie Tue 25-Nov-14 21:51:37

I know you can get two lots of SSP if you have two jobs and earn enough in each. So think it is the same for SMP

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