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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Just been told I'm not entitled to maternity pay at my work after my baby has been born?

185 replies

elm26 · 31/05/2023 22:49

Hello

I emailed my manager today as have received no maternity pay today (it's our payday).

Why wasn't I told this when I handed in my MATB1 form at 18 weeks pregnant??

I'm completely blindsided.

She said the following;

"To qualify for SMP, you must have been earning on average an amount which at least equals the lower earnings limit which applies on the Saturday at the end of your qualifying week. The lower earnings limit (LEL) is the amount you have to earn before you are treated as paying National Insurance contributions.

The accountants have advised your average weekly earnings were not high enough to qualify for Statutory Maternity Pay.
I have a form that will be sent by recorded post together with your MATB1 which I am obliged to return so you may make an application for Maternity Allowance."

I was signed off sick for most of my pregnancy due to Hyperemesis, is this what she means regarding my average weekly earnings were not high enough?

Please help, I'm so anxious now and haven't told DH yet 😢 why wasn't this discussed with me before?!

Is this correct? I have no idea about these things.

Thanks in advance x

OP posts:
Thread gallery
10
Summerfun54321 · 31/05/2023 23:22

I didn't think the allowance was much different to the minimum statutory maternity pay. Just crack on and get the allowance organised so there isn't a delay in recieving it. Good luck.

Blackmetalmama · 31/05/2023 23:26

:( I'm sorry OP, what a horrible thing to find out. Ignore those who seem to have no compassion. There are much kinder ways to say things.

Take a deep breath. You have already survived so much in getting to this point (coming from amother HG sufferer, so i know what you have overcome!) You will get through this.

Babyroobs · 31/05/2023 23:46

As so many others have said, you can claim maternity allowance but won't benefit from it if claiming UC. unless the MA is more than you get in UC. Is this your first baby op?

OnlyFannys · 31/05/2023 23:58

I'm sorry to hear this op, I wouldn't have realised about the sick pay impact either, I think it's an easy mistake to make. Its incredibly shit as you were ill so there isnt much you could really do about it either.i hope you get MA sorted out quickly. Make sure to check any other benefits you might be entitled to in the meantime.

SpamSushiBent0 · 01/06/2023 00:00

Claim child benefit

FeigningConcern · 01/06/2023 00:14

InTheFutilityRoomEatingBiscuits · 31/05/2023 23:02

A similar thing happened to me, I earned enough in my qualifying week and was employed and supposed to get maternity pay but my employer never paid it and I couldn’t qualify for maternity allowance. I ended up having to work from when my baby was 4wks. It was a tough time. I hope you qualify for maternity allowance so you can spend a little more time at home.

That's not the same thing at all.

You should have challenged that. If an employer refuses to pay you can contact HMRC's statutory payments disputes team and they'll fine them and pay you directly.

www.citizensadvice.org.uk/work/maternity-and-parental-rights/check-your-maternity-and-parental-rights/maternity-leave-and-pay/how-to-get-your-maternity-pay/#:~:text=If%20your%20employer%20refuses%20to%20pay%20your%20statutory%20maternity%20pay&text=You'll%20need%20to%20contact,a%20form%20called%20'SMP1'.

Axahooxa · 01/06/2023 01:04

I’m sorry to hear this @elm26
It took a lot to get my head around mat pay- it’s really complicated.

Definitely apply for maternity allowance as soon as you can. Depending on your partner’s income you may also be able to get universal credit top up. Google this and apply if you can. Also apply for child benefit as soon as you have your baby, if your partner isn’t earning more than the maximum.

im so sorry this has happened to you, OP.

Mumontherunn · 01/06/2023 03:45

No advice sadly, I just wanted to say I’m sorry this has happened to you OP. Dealing with finances during maternity leave is tricky enough. Talk to your husband and make a plan if you can. Good luck

nobodygoesdowninthejungle · 01/06/2023 04:40

This must have come as a shock to you.
What is the immediate effect? Can you buy groceries and things for the next few weeks or do you need to access a food bank?
From what some of the posters are saying, it sounds like your employer hasn't followed all of the processes properly. There is a slim chance this may mean that they have to pay you SMP even if you wouldn't otherwise be entitled to it. Perhaps call Pregnant then Screwed or ACAS for advice? Otherwise, as others have said, submit the forms for maternity allowance.

Roselilly36 · 01/06/2023 06:28

This happened to me with my second DS, gave in MatB1 was told I would get maternity pay. The received a letter telling me I wasn’t eligible, as under LEL, as I had been a long-standing employee they gave me an ex gratia payment and told me I was eligible to MA, it worked out well for me. Tbh. Very poor of your employer not to notify you in advance.

olympicsrock · 01/06/2023 06:37

I sympathise hugely. When I was pregnancy I wa hugely anxious and unwell. I the a had PND . I wasn’t actually paid any may leave until 9 months after the baby was born because I couldn’t cope with the paperwork.

There needs to be more help for people in this situation- maybe a pack in the post explaining things or a free appointment with someone about maternity finances / employment rights/ child benefit. I found it very difficult yet am in a well paid job with 2 degrees.

NamechangerGamechangerrr · 01/06/2023 06:42

Not helpful, all these replies of "You should have checked it". Yes, OP should have checked it, but as a PP pointed out the employer would have known she didn't qualify at the 25 week point. When I was pregnant and sorting out mat leave, they gave me a complete breakdown of how much I would receive per week. It may not have been the employer's legal duty, but it is really poor practice not to notify her.

Raspberrybush · 01/06/2023 06:46

I lost a lot of money when on maternity leave for the first time as although I qualified for SMP, it was awarded to me in one lump sum.

I had loads of tax taken out and while I did get this back I had to wait some time - not ideal. But I also had loads of NI payment taken out, student loan payments and pension - which arguably benefited me but also didn’t if you see what I mean. Still stings two and a half years later!

Morph22010 · 01/06/2023 07:12

dementedpixie · 31/05/2023 23:07

Of course it's their fault!!
The weeks that are counted for SMP are weeks 17-25 of pregnancy so after that point they would have known she didn't qualify for it.

You can apply for maternity allowance and use payslips for months where you earned the most to maximise what you get

It’s usually payroll that calculate though and they generally don’t check unless asked until they come to process the smp. It’s not like they’ve known and kept it a secret there is no need for them to. Line managers don’t tend to have knowledge of how smp works unless they’ve had a baby themselves

Sammysquiz · 01/06/2023 07:22

Your employer must provide you with a SMP1 form if they’re not paying. Reply saying you were not supplied with one. It’s a legal requirement they can’t just decide not to send one!

BelleSauvage9 · 01/06/2023 07:35

I agree it's not your fault, as they should've given you the form stating you weren't entitled! I can fully understand assuming all is fine to go ahead if they didn't say anything or give you the form. If you're not eligible they have to complete the smp1 form to confirm why, and then you send that off as evidence alongside the maternity allowance application form.

MamaDollyorJesus · 01/06/2023 07:44

While the information given is correct you should have been informed before now.

What's most likely happened from the wording is that your company outsource payroll & they've not passed over your MATB1 form until the last minute (probably after your may leave started) for the checks about eligibility to be done by payroll.

When I get a MATB1 form in I do the eligibility check, & if eligible run the calculations through the system then provide the employer with a payment schedule which can be passed onto the employee, or in your case I'd provide the SMP1 form advising you were not eligible but could possibly claim maternity allowance - I prefer this to be done asap but timescale is dependent on employers getting the MATB1 form to me early enough & sometimes they're really bad (recently advised someone needed SPP in may but baby was born 2nd March).

Hollyppp · 01/06/2023 07:45

theblackradiator · 31/05/2023 23:12

I had this when I had my last baby 10 years ago. I only worked part time due to having an older dc and in a minimum wage job my employer wouldn't pay smp so I had to claim maternity allowance for 9 months. it all worked out OK and wasn't all that much difference between the smp & mat allowance for me to be honest and all was fine. just claim maternity allowance op you'll be fine.

This - there isn’t too much in it. You will get SMA

Dguu6u · 01/06/2023 07:48

Did you not get paid while you were signed off sick?

NapoleonDidSurrender · 01/06/2023 07:49

Just to say OP that I am sorry. Sounds really stressful :-(

TakeMeDancingNakedInTheRain · 01/06/2023 07:50

I understand how stressful this is if you were relying on this income but surely you did your research before you got pregnant? I checked, actually made calls to ensure I got enhanced maternity pay before I even decided to get pregnant, i actually spoke to more than 1 person as I wanted to be sure. As others have pointed out you can probably still claim maternity allowance which isn't much less. On the plus side at least you haven't assumed you were getting enhanced pay (my work is 6 months full pay) and you aren't, that would be awful. You will probably have to apply ASAP for maternity allowance they don't always backdate so get your online form completed, you'll need your matb1 too. Hopefully only slightly less than you anticipated.

UpUpUpU · 01/06/2023 07:53

TakeMeDancingNakedInTheRain · 01/06/2023 07:50

I understand how stressful this is if you were relying on this income but surely you did your research before you got pregnant? I checked, actually made calls to ensure I got enhanced maternity pay before I even decided to get pregnant, i actually spoke to more than 1 person as I wanted to be sure. As others have pointed out you can probably still claim maternity allowance which isn't much less. On the plus side at least you haven't assumed you were getting enhanced pay (my work is 6 months full pay) and you aren't, that would be awful. You will probably have to apply ASAP for maternity allowance they don't always backdate so get your online form completed, you'll need your matb1 too. Hopefully only slightly less than you anticipated.

I don’t think OP had planned to suffer HG through her pregnancy, but we’ll done you for being so on the ball and fortunate 🙄

Tegrate · 01/06/2023 07:56

TakeMeDancingNakedInTheRain · 01/06/2023 07:50

I understand how stressful this is if you were relying on this income but surely you did your research before you got pregnant? I checked, actually made calls to ensure I got enhanced maternity pay before I even decided to get pregnant, i actually spoke to more than 1 person as I wanted to be sure. As others have pointed out you can probably still claim maternity allowance which isn't much less. On the plus side at least you haven't assumed you were getting enhanced pay (my work is 6 months full pay) and you aren't, that would be awful. You will probably have to apply ASAP for maternity allowance they don't always backdate so get your online form completed, you'll need your matb1 too. Hopefully only slightly less than you anticipated.

Did you intend this post to be helpful or smug?

Hazelnuttella · 01/06/2023 07:56

Sorry OP that sounds very stressful and I really don’t understand people who want to kick you when you’re down. Your employer definitely should have told you sooner.

Apply for maternity allowance.

Also apply for Child Benefit as soon as possible - it can’t be backdated and I missed out on quite a few months before I got round to doing it.

StormShadow · 01/06/2023 07:57

Try getting in touch with Maternity Action and seeing if they can advise