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Original poster

Can you be paid statutory maternity pay retrospectively?

58 replies

mowgeli · 25/04/2017 11:11

Basically as the title, I was very very ill when pregnant but self employed. I never got round to claiming the SMP but I want to know if this can be paid after maternity has finished? I'm now chronically sick because of massive failings in the NHS when I was pregnant and we are having to pay for that privately? I don't get any child benefit does anyone know if I am entitled to this? I've started a new business with my husband and I am employed by it and earn £671 a month from it and receive dividends too. He has another business who employs him and pays him a wage and also dividends. We are about a 85k household plus I think? Maybe a bit more or less.
Because I am now employed does this affect my right to claim SMP retrospectively? I was not employed when pregnant I was self employed and I did not do the paper work at the time as I was so sick. Thank you

OP posts:
FurryElephant · 25/04/2017 11:33

SMP is for maternity leave. If you're chose for whatever reason not to claim at the time then I'd think it would be very unlikely you could claim it now, when NOT on maternity leave. It also depends on continuous length of employment with one employer and whether you returned to them etc to whether they pay. I think it would be best to speak to HMRC or something to find out Confused

ceecee32 · 25/04/2017 11:37

Do you satisfy this requirement ?

have worked for your employer continuously for at least 26 weeks up to the 'qualifying week' - the 15th week before the expected week of childbirth.

Leatherboundanddown · 25/04/2017 12:00

It would be maternity allowance in your situation I think. Have never heard of claiming afterwards though.

Original poster
mowgeli · 25/04/2017 17:19

Yes sorry it would be the allowance as I was self employed at this time and had been for more then a year nearly two.

I didn't claim because I was sick. I'll try to get to CAB tomorrow as I am very sick again and require private health care

OP posts:
Babyroobs · 25/04/2017 17:33

If one of you earns more than £60k then you can't claim child benefit. well you can still claim it but you need to pay it back through your tax return. After £50k it starts to taper off until you don't keep any of it after £60k.

Original poster
mowgeli · 25/04/2017 18:24

It's such a load of complications I can hardly be bothered. It's a shame since we put so much into the pot and when we need help like child care or maternity pay to use on private health care because the NHS damaged me then it's obviously very upsetting.

My whole family contribute so much and get so little. I know this is a separate argument. Just annoyed to hear about the child benefit. Why don't they just give me a tax free fucking allowance as an extra?

OP posts:
2014newme · 25/04/2017 18:29

You didn't claim the maternity allowance that's why you haven't had it.

But I agree with you the way the child benefit is managed is bonkers.

TittyGolightly · 25/04/2017 18:31

You pay so much in?! Apart from NI and tax on your salary.........

Original poster
mowgeli · 26/04/2017 08:00

Never said I did titty there's always one sadly.
If you understood how many businesses there were between all of my family you would retract your hurtful and spiteful little comment? Would you say that to me in real life or just using your phone or computer??

And yes I didn't claim at the time (I was in hospital for months on end) I haven't had much help here with the actual question I'll try to fall CAB today as they are open and talk to them.

OP posts:
TittyGolightly · 26/04/2017 08:07

But the system doesn't care how much "your family" pays in. Hmm

Original poster
mowgeli · 26/04/2017 08:17

Ok

OP posts:
Heatherbell1978 · 26/04/2017 08:18

I think the answer is probably no. When you were pregnant you should have sought help to fill in the forms to get your MA. It sounds like you managed ok financially without it (if you needed it you would have found a way to claim I'm sure) and now you want it as you have some post birth financial worries but the people processing your claim won't care I'm afraid.

Leatherboundanddown · 26/04/2017 08:18

I don't think you are going to get very far with this so if you are ill then you shouldn't stress yourself.

Reow · 26/04/2017 08:21

No, you can't claim retrospectively.

Original poster
mowgeli · 26/04/2017 08:22

Ok I won't bother, yes I managed without having to spend more then ten thousand on my health and also my husband was able to leave me at hospital at work. Now he's been looking after our child so the business has suffered. Our son is starting with a child minder. I wouldn't have asked if I didn't need.

My parents are helping and I would rather they didn't and as I asked before I was wondering if anyone had any experience of this happening.

Doesn't matter

OP posts:
evensmilingmakesmyfacehurt · 26/04/2017 08:25

Maternity Allowance and Statutory Maternity Pay is for when you are on maternity leave.

It can't be claimed retrospectively unfortunately if you didn't claim it at the time.

Original poster
mowgeli · 26/04/2017 08:27

evening exactly what I was looking for, thanks.

OP posts:
AyeAmarok · 26/04/2017 08:29

You can't claim it retrospectively OP, no.

I don't understand what you mean about giving you a tax-free allowance though? Surely you already have one?

JaxingJump · 26/04/2017 08:32

I claimed retrospectively. I was a bit of a mess after baby arrived and had been working till the day I gave birth (self employed) so couldn't start the paperwork before baby. There was a cut off though, something like 6 months? But I still got a nice big chunk of money when I finally did it. I missed out on some though by being slow.

expatinscotland · 26/04/2017 08:37

'It's such a load of complications I can hardly be bothered. It's a shame since we put so much into the pot and when we need help like child care or maternity pay to use on private health care because the NHS damaged me then it's obviously very upsetting.

My whole family contribute so much and get so little. I know this is a separate argument. Just annoyed to hear about the child benefit. Why don't they just give me a tax free fucking allowance as an extra?'

It's not a personal saving account with interest. 'I pay taxes!' Show me a place where you don't and I'll show you a place that's shit to live in.

beekeeper17 · 26/04/2017 08:41

If you are earning less than £50k you'll get child benefit, the cap applies to individual incomes, not the joint family income.

TinfoilHattie · 26/04/2017 08:45

I've been self-employed for years and have claimed Maternity Allowance for one pregnancy. Not all self-employed people are entitled, you must have paid a certain amount in Class 2 NI contributions during the qualifying period and not applied for a small earnings exemption.

From this page: www.turn2us.org.uk/Benefit-guides/Maternity-Allowance/Print-Maternity-Allowance

It says: "If you claim late, you can get Maternity Allowance backdated for up to three months if you would have been entitled to it earlier. It does not matter why your claim is late. Request this when claiming."

How old is your baby and does this three month backdating apply?

Cantseethewoods · 26/04/2017 08:46

OP If the NHS was negligent in your treatment during pregnancy and the illness you now have would not have occurred if they hadn't been negligent, then you may have a case for compensation which would fund your further treatment.

Original poster
mowgeli · 26/04/2017 10:43

jaxing it's been a year on May 4th that I had my son, did you claim 18 months after your baby was born or six months? I'm not sure I understand xx

OP posts:
Original poster
mowgeli · 26/04/2017 10:44

Tin thank you for this link I will read it this afternoon with my husband.
My son will be one on May 4th but I've been sick again for the last three months.

OP posts: