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Maternity allowance when employed but not working

(26 Posts)
Amandapeat Sat 27-Jun-15 09:29:06

Hi mums wondering if you could shed some light as I've been told multiple things, I got pregnant whilst still on maternity with my first, me and boyfriend agreed he'd get a second job rather than me going back to work, although I'm still employed by my employer up until a week ago I'm now 35 weks pregnant, would I be entilted to maternity if I wasn't working but employed. Thankyou

Amandapeat Sat 27-Jun-15 09:33:08

also I have my m1 form thing of my employer that sent in saying I couldn't receive SMP as I didn't earn enough

RandomMess Sat 27-Jun-15 09:34:18

What do the rules for Maternity Allowance say?

RandomMess Sat 27-Jun-15 09:36:03

Sounds like you should get MA to me

"You might get Maternity Allowance for 39 weeks if one of the following applies:
you’re employed, but you can’t get Statutory Maternity Pay
you’re self-employed and pay Class 2 National Insurance (including Voluntary National Insurance) for at least 13 of the 66 weeks before your baby’s due - the amount of Maternity Allowance you get depends on how much Class 2 National Insurance you’ve paid
you’ve recently stopped working

In the 66 weeks before your baby’s due, you must also have been:
employed or self-employed for at least 26 weeks
earning (or classed as earning) at least £30 a week over any 13-week period"

Amandapeat Sat 27-Jun-15 09:40:01

that's what I thought but iv had my form back asking for payslips for the 13 weeks, got a bit worried as obviously i don't have them, but I've been told that many different things by government and work and everyone I'm worrying now

Amandapeat Sat 27-Jun-15 09:44:31

I'm hoping I've maybe filled the form out wrong some where I just wondering if anyone been in same situation until I get ring job centre Monday

RandomMess Sat 27-Jun-15 09:58:36

You should be getting payslips still??? You need 13 weeks worth of payslips from the last 66 weeks...

Amandapeat Sat 27-Jun-15 10:01:48

no not been getting payslips, I'm employed by an agency, but I am still employed

PotteringAlong Sat 27-Jun-15 10:04:15

If you are employed you should be getting pay slips. I've had a payslip every month of my maternity leave, even this month when I've been paid nothing. Ask your agency for them.

RandomMess Sat 27-Jun-15 10:06:38

Legally they have to give you payslips and legally if you are no longer working for the agency (you said you'd left) then you need a P45 from them.

Amandapeat Sat 27-Jun-15 10:12:36

I'm not sure I'd get then with being with an agency, as I didn't go back I don't have a job they will just find me a job when I'm ready

Amandapeat Sat 27-Jun-15 10:13:51

I have my p45, I wasn't sure how it works with an agency, I'll ring then on Monday hopefully they will

BaronessEllaSaturday Sat 27-Jun-15 10:16:56

do you know when you last received a pay slip?

Amandapeat Sat 27-Jun-15 10:17:52

march 2014 around 14th

BaronessEllaSaturday Sat 27-Jun-15 10:35:18

Sounds then like you won't qualify as you do not have enough weeks where you have earned an income in the previous 66 weeks.

Amandapeat Sat 27-Jun-15 10:37:46

wow that's sucks, one person spoke to said because I was employed and could get a form of the company to day they crnt pay me SMP I should qualify sad

GentlyGentlyOhDear Sat 27-Jun-15 10:41:28

You have to have earned a certain amount for 26 weeks, so if you haven't been paid at all then you won't qualify, even if you are technically 'employed'.
I'm on a 0 hours contract and just qualified for maternity allowance.

Amandapeat Sat 27-Jun-15 10:43:49

well that just shows how useless all these helplines are lol, thanks everyone for the info and help

formerlyofLadysmith Sat 27-Jun-15 10:56:41

Sounds to me like you probably aren't entitled. How long is it since you last had a payslip?

Amandapeat Sat 27-Jun-15 10:57:48

march 2014 just before I had my daughter

formerlyofLadysmith Sat 27-Jun-15 11:00:10

Okay, so that would be outside of your qualifying period for maternity allowance (I'm due next week & mine qualifying period went back to end March 14, so yours will be later - I guess around April or May 14.

So when did you stop receiving SMP? I am no expert at all, but I think the question must be whether receiving SMP counts as earnings in qualifying for Maternity Allowance.

Amandapeat Sat 27-Jun-15 11:14:59

this is where the confusion has been, I stopped claiming SMP 19th December

BaronessEllaSaturday Sat 27-Jun-15 11:19:09

SMP does count towards the earnings rule so if your smp was over £30 a week then you do qualify for MA but your smp should have been paid to you on a pay slip so you should still have been receiving pay slips till December.

Amandapeat Sat 27-Jun-15 11:22:05

yea it was standard 139 a week, if that's the case I wasn't getting payslips but I should be able to get a copy or some sort of copy of my employer

lougle Sat 27-Jun-15 11:34:48

According to this SMP counts but MA doesn't. So you should be OK.

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