Overpaid maternity pay

[chloe5xx]

I need some help / advice. I went on maternity leave in June 2016 and my son is 1year old at the end of august 2017. Myself and my former employee agreed that I would only go back for cover work as its evening shifts and its difficult as I have two children.
I received a letter the other day which is over a year from when I went on maternity leave saying that they have over paid me by £3900 over the 9 months! I was receiving £515 a month which means that they think they have overpaid me by about £440 each month! Surely this is wrong! They haven't given me a reason why they have overpaid me they are just saying that they are going to send me pay slips of what I had and payslips of what I should of had. I really need advice!

Blimey didn't you notice? We're you on smp?

That seems wrong, I'm currently on smp since January and get around £550 per month, they must have they're calculations wrong somewhere surely

I used to get paid £550 a month when working so it made sense and surely its not right for them to think I'm only due about £100 a month?

does anyone know the least amount of money you should get?

It should be in your case 90% of your awe which I mKe £114.23 or £495 per month (based on £550), so that would mean they overpaid you by £20 each month www.gov.uk/employers-maternity-pay-leave/entitlement

Did you drop your hours in the months run up to birth as I think that affects it...or were you on a zero hours contract or something?

Was 550 your actual weekly earning per week or per month?

It's normally 90% of wage for the first 6 weeks and then either £140.98 per week or 90% of your wage whichever is lower for the rest of your paid leave

When did you go back to work? Have they paid you when you were supposed to be unpaid?

Sounds like you had a similar amount to SMP (assuming you were due that) so must be an error somewhere (or they are idiots). The employment matters board may be able to help - they will have experts on hand!

£550 was my monthly earnings as I only did 16hours a week. I got paid from when I went on maternity leave then for 9 months. which is what is means to happen. Like I said this massive amount they say I owe cant be right can it?

Doesn't sound right so I think they've made a mistake somewhere

I received SMP only and received in my pocket about £600 a month after the initial 6 weeks at 90%

www.gov.uk/employers-maternity-pay-leave/entitlement

Did you always get paid £550 per month as to qualify for SMP you need to earn at least £112 per week during weeks 17 to 25 of your pregnancy. If you didn't earn enough or your wages sometimes fluctuated so overall you didn't earn enough, then you wouldn't be entitled to SMP (which is 90% of your salary and then 33 weeks at around £139/140 depending on the payments at the time you were on maternity leave). Could it be that they have realised you were not eligible and are asking if it back?

Alternatively, do they offer an enhanced maternity package? If so, what is it? It could be you have accidentally been paid for a full time person and now they have realised you are part time and are seeking the difference back.

To check what SMP you were entitled to you need to check your earnings for the qualifying period. This is a period of time around when you were 3/4 months pregnant. That determines your level of SMP - either the weekly rate or 90% of your weekly earnings during the qualifying period.

We're you entitled to a pay rise during your mat leave? This should also be factored into your SMP.

Did you actually qualify for SMP or is it possible you should have claimed maternity allowance?

Did you do any paid work for them during your maternity leave above and beyond the 10 days KIT days you can do? This could have invalidated your SMP.

Did the letter come from your employer or HMRC?

You should ask someone from the payroll department to show you all the calculations and ask for explanation as to why they think they overpaid you.

the 90% thing is a red herring in this case. that only applies for the first 6 weeks but they're saying they overpaid you for months.
I think someone in their payroll department is confused. It sounds to me that they think SMP is a monthly amount, when it fact it's weekly (it used to be about £128 per week, but it might have changed). As far as I'm aware, even if you are part time, the SMP is the same. Your actual earnings are irrelevant.

No, if your earnings are lower than the weekly SMP amount you only get 90% of your average earnings for the remaining 33 weeks. How much you earn during the relevant qualifying period also affects whether you qualify for SMP.

You do need to get more of an explanation from your employer OP. Is there anything in the letter?

Blimey, that's enough to make you have sleepless nights 😱

Did you get payslips whilst on Mat leave? I don't see how their figure of £3900 can be right... if you were eligible for SMP then your £550 payment is in the right ballpark, give or take.

You're also entitled to accrue holiday whilst on mat leave.. did you take that or get paid for it?

I can't see how this is right OP.. nor is it very fair to make a statement like that to you without giving all the facts.

I think it looks like they have made a mistake. Otherwise you would only have been entitled to around £81 a month which makes no sense! Ask for a breakdown of how they worked it out.

advice for 2 under 2. One is 7 months the other 22 months I'm exhausted!!