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Maternity pay when both employed and self employed

16 replies

Mat43 · 19/04/2022 17:41

Just wondering if anyone has any insights to this -

My 'main' regular job is being employed part time, but I earn very little (about £600 per month). I also do some occasional freelance self employed work for my partner's business. I'm registered with HMRC and once I've done my tax return for this last financial year it will work out that I've earned slightly more through self employment than employment, as even though I do it much less often, the freelance work pays a lot better than my regular job.

I'm 20 weeks pregnant so am starting to look into maternity pay options. My job doesn't have any enhanced maternity package, so it would be statutory pay based off 90% of my average earnings, so would work out somewhere around £138 per week. But as a self employed person, as long as I've paid enough class 2 national insurance, it looks like I could get the maximum statutory maternity allowance, which is £156.66.

Does anyone know if I am allowed to claim maternity allowance as self employed and just tell my employer to not bother claiming for me? I would still need maternity leave from my job, just not the pay (Unless I'm allowed to claim both?? But I don't think that's an option.)

One reason I'm worried about this is because my main job is quite physical and I'm suffering quite badly already with SPD and might not be able to do it for much longer, so I'm worried that if I go on sick leave then I would be put on statutory sick pay and that would reduce my maternity pay allowance from my job even more. But the self employed work is something I can do from home so could keep that up right until the end.

Any insights into my situation and how to best make it work would be really appreciated!

OP posts:
dementedpixie · 19/04/2022 17:45

You cant have both SMP and MA. If you are likely to get more from claiming MA then I'd do that. Leave and pay are separate issues with separate eligibility criteria.

ellesbellesxxx · 19/04/2022 17:51

You can’t do any self employed work whilst receiving MA (apart from the 10 kit days) whereas if you are receiving SMP you could still do your self employed work.

dementedpixie · 19/04/2022 17:54

Yeah i suppose there is that too. Good point

tealandteal · 19/04/2022 18:01

Your qualifying weeks have already passed I think so it would be based on what you earned in those weeks. So going on SSP won’t affect it from that point but if you go off sick after a certain point they can start your maternity leave early.

dementedpixie · 19/04/2022 18:06

No they haven't
Qualifying weeks are roughly weeks 17-25 of pregnancy so she is midway through them

Maternity leave can only be started early if they are off for a pregnancy related illness in the last 4 weeks of pregnancy

sweepeep · 19/04/2022 18:15

Can you get both? I had two part time jobs so I had two lots of SMP!

dementedpixie · 19/04/2022 18:17

No you cant have both MA and SMP. You can get 2 lots of SMP though

sweepeep · 19/04/2022 18:19

@dementedpixie that's a shame...I can't see why you can have 2 lots of SMP And not one lot of each.

dementedpixie · 19/04/2022 18:20

Because MA is not paid by the employer whereas SMP is

sweepeep · 19/04/2022 18:22

@dementedpixie in my head that makes it even more ridiculous! 🤣🙈who pays MA? The government? One from each sounds perfect 🤣

dementedpixie · 19/04/2022 18:22

And if you get SMP then you don't qualify for MA

Googling suggests if you can get SMP from an employer then you can't claim MA

If you have more than one employer, and you get SMP from one employer and not the other, you cannot claim MA. If you are both employed and self-employed and you can get SMP from your employer, you cannot claim MA for your self-employment.

dementedpixie · 19/04/2022 18:23

[quote sweepeep]@dementedpixie in my head that makes it even more ridiculous! 🤣🙈who pays MA? The government? One from each sounds perfect 🤣[/quote]
Job centre plus pays it

Mat43 · 19/04/2022 18:57

Thanks everyone - shame I can’t claim both, that would have been amazing!

So I think I’ll ring hmrc next week to confirm Im eligible for the full amount of MA. If I am then I can let my job know that I won’t need mat pay from them. My job is term time only so I have four weeks off before my due date anyway, so I’ll try to stay there as long as possible. Then I don’t have to start claiming MA until as close to my due date as possible.

OP posts:
dementedpixie · 19/04/2022 18:59

@Mat43

Thanks everyone - shame I can’t claim both, that would have been amazing!

So I think I’ll ring hmrc next week to confirm Im eligible for the full amount of MA. If I am then I can let my job know that I won’t need mat pay from them. My job is term time only so I have four weeks off before my due date anyway, so I’ll try to stay there as long as possible. Then I don’t have to start claiming MA until as close to my due date as possible.

Did you read what I wrote? You can only get MA if you don't qualify for SMP. If you can get SMP they won't pay you MA
Hugasauras · 19/04/2022 19:05

Yes, if work are eligible to pay you SMP then they have to do so. As part of your maternity allowance application, you need to submit a form from your employer that explains why they cannot pay you SMP. As it seems they have no reason why they can't, they won't provide you with this form.

Mat43 · 19/04/2022 19:40

Ah I misread that. Hmm right suppose it’s just smp for me then. Not ideal but I’ll make it work.

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