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SMP/MA for Ltd company

(9 Posts)
NoArmaniNoPunani Thu 22-Oct-15 18:32:43

Hi, I'm very confused about which I should be entitled to.

I'm a director of a Ltd company, have been since 2008. I'm the only employee of the company. I've paid my class 2 national insurance contributions. I'm now pregnant and looking to take 4 months off. I've applied for MA and been refused. I'm asking for clarification of why I've been refused, will phone them tomorrow.

I'm wondering if I should be entitled to SMP instead as perhaps I'm considered an employee of my company.

Can anyone advise? TIA

SimLondon Thu 22-Oct-15 18:55:54

Maternity Allowance is paid to pregnant women who don't get Statutory Maternity Pay - so if your entitled SMP claim that, your company should be able to get it in a lump sum in advance if you request it :-)

SimLondon Thu 22-Oct-15 18:57:02

oh one more thing, probably obvious but you can't work and take the smp money - then they might ask for it back!

Gobbolinothewitchscat Thu 22-Oct-15 20:26:26

If you're an employee, you should be entitled to SMP if you've been "employed" for the length of time you have. So you should get SMP

Also - mad stalker alert - are you a dentist (my DH is and sure we've talked about UDAs before!)? If so, are you doing any NHS work? The rebut fur getting enhanced mat pay from the NHS is ginormous. Eg DH is self-employed too but still getting paternity pay from the NHS when DC3 born in November. Sure you've already looked into it but just wanted to double check. I've spent many happy hours reading the relevant regs to work out dH's entitlement!

NoArmaniNoPunani Thu 22-Oct-15 21:24:06

Thanks. I've done the form for claiming SMP in advance, fingers crossed.

I am a dentist, thanks for that info, I'll definitely look into it smile

Gobbolinothewitchscat Thu 22-Oct-15 21:42:17

These folk are helpful ink{\]]x}. Well more helpful than the bloody pension people.

I'm assuming you're a GDP - so it's reg 8. The provision via a limited company might cut across it though but fingers crossed.

ZestPAYE Fri 23-Oct-15 21:38:41

Do you take a regular salary under PAYE as a Director through the company?
If so and you meet the criteria you'll be able to claim SMP:

NoArmaniNoPunani Fri 23-Oct-15 22:04:04

Yes I do. Thanks, I'm just waiting to hear back from HMRC. (My autocorrect wants to change HMRC to barf!)

kjwh Sun 25-Oct-15 16:41:38

Why are you paying class 2 NIC - that's for sole traders. If you're trading through your own limited company, you shouldn't be paying class 2. Your entitlement to SMP will depend on your payroll via your own limited company.

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