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Does anyone understand smp and maternity allowance?

(23 Posts)
Fruityfruits1234 Sat 30-Jul-16 09:50:47

I'm pregnant and being made redundant and I'm trying to work out what maternity pay I will be eligible for. I don't think I will qualify for smp as I'll be made redundant at approx 18 weeks. I think you need to have been with the same employer for 26 weeks when you are 25 weeks pregnant for smp? So that won't be possible for me. So I'm wondering if I will be eligible for maternity allowance and how much is it? Do I need to find further employment from 18 weeks onwards? I'm not sure many people will employ a visibly pregnant woman at 19 weeks+. So can I still get MA if I don't find other work and will MA pay the same as SMP? Thanks for your help!!!

UnicornPee Sat 30-Jul-16 11:19:56

I work in payroll, one of our clients (a large manufacturer) closed and made all their employees redundant. However there were 3 pregnancy ladies who then were paid their full 39 weeks statutory maternity pay. So maybe their is a rule you must be paid it even when made redundant:

As long as you worked for your employer for 1 week before getting pregnant and earn over £112 per week

Fruityfruits1234 Sat 30-Jul-16 13:40:25

unicornpee maybe they were past 26 weeks when they were made redundant tho? This would legally entitle them to Smp. I will made redundant before 26 weeks so my understanding is I won't be entitled?

OhTheRoses Sat 30-Jul-16 13:43:06

How long have you been with your employer?

workingatforthvalley Sat 30-Jul-16 13:49:05

Sympathies, redundancy is difficult enough never mind when pregnant. U could use this to check if you need to work between redundancy and your due date to be eligible for maternity allowance. Best wishes

UnicornPee Sat 30-Jul-16 14:09:20

Ive not heard the 'before 26 weeks rule' if you're pregnant you're pregnant.
The 3 ladies on the payroll I'm talking about were all at different syafes

BarbLives Sat 30-Jul-16 14:12:13

When I claimed maternity allowance (6 years ago now so this might be out of date) you had to have been employed something like 26 weeks out of the 66 weeks before your due date, but they didn't have to be consecutive weeks. MA was the same as SMP except without the first 6 weeks at 90%.

Fruityfruits1234 Sat 30-Jul-16 15:32:07

Ive been with my employer 5 years

OhTheRoses Sat 30-Jul-16 16:15:37

In which case you are entitled to receive your full contractual maternity pay on your last day of service, along with your redundancy settlement. I'm pretty sure that's right.

dementedpixie Sat 30-Jul-16 16:22:22

No you won't get SMP as you won't be there in the qualifying week (15 weeks before maternity leave would start). You should be eligible for MA though.

www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/redundancy-during-pregnancy-and-maternity-leave/

H0p3 Sat 30-Jul-16 16:25:59

We are currently going through a restructure and as part of the process I've been involved in negotiations with the Union. The legal claim to SMP or an enhanced maternity package (if offered) is if you are 26weeks or more pregnant at the point you are put on notice of redundancy - the 15th week before estimated week of childbirth. If not then you are only entitled to MA not SMP. That's regardless of how long you've worked somewhere. I think you will only be entitled to MA not SMP I'm afraid.

dementedpixie Sat 30-Jul-16 16:26:17

www.gov.uk/maternity-allowance/eligibility

Fruityfruits1234 Sat 30-Jul-16 17:18:52

i think I might go to citizens advice just to confirm my rights. The only difference between MA and SMP seems to be the first 6 weeks. Is that right? If that's right the redundancy pay will more than cover the difference. So I'm in a better position than I thought as I thought MA was much lower than SMP. Unlikely to find another job though so will have a big gap on my cv which is a shame. Think it's better if u r on proper mat leave as you don't need to disclose that you went on mat leave you just say you were employed. Has anyone had any experience of this?

YesYABU Sat 30-Jul-16 17:23:10

MA is not a taxable benefit, SMP is. This can make a difference too.

Fruityfruits1234 Sat 30-Jul-16 21:11:44

That's interesting at least it's better in some ways

Seekingmiracles Sat 30-Jul-16 21:15:56

You'll be fine then OP - it's only if you haven't been employed for 26 weeks before the qualifying week that you miss out. I started my job when I was already 6 weeks gone so therefore hadn't been employed by them for a long enough period by the 25th weeks. I am however entitled to MA

FruitCider Sat 30-Jul-16 21:17:11

Have you sought advice from ACAS re the redundancy?

Fruityfruits1234 Sat 30-Jul-16 21:27:41

What's acas?

FruitCider Sat 30-Jul-16 21:39:34

ACAS give advice about employment issues.

Have you checked out your rights regarding redundancy, as you are pregnant? The rules are very different!

http://www.maternityaction.org.uk/advice-2/mums-dads-scenarios/pregnant/redundancy-during-pregnancy-and-maternity-leave/

FruitCider Sat 30-Jul-16 21:43:03

Here's more info here from ACAS

http://www.acas.org.uk/media/pdf/r/f/Managing-redundancy-for-pregnant-employees-or-those-on-maternity-leave-accessible-version.pdf

Fruityfruits1234 Sat 30-Jul-16 22:28:39

Excellent! Thanks so much! I will give them a call next week as I have a feeling there is a suitable alternative role that I should have been considered for!

FruitCider Sun 31-Jul-16 10:46:05

My pleasure smile

FruitCider Sun 31-Jul-16 10:47:14

My pleasure smile

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