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Question about split maternity pay from work and government allowance.

8 replies

Percyp1g · 12/08/2022 15:03

So I started a new job after I fell pregnant, and fell something like 2 weeks outside of the qualifying period for the statutory maternity pay timeline.

My work offer a good enhanced maternity package (full pay for 3 months followed by half pay for 3 months, then 3 months of the statutory amount.) On their discretion they have decided to offer their enhanced portion of the maternity package only- minus the statutory amount. HR have advised that I can also apply for maternity allowance from the government. I have an SMP1 form from work confirming they will not pay statutory maternity and I have submitted this with the application for maternity allowance.

From what I understand, government maternity allowance is not means tested and as I have paid sufficient national insurance contributions I am entitled to receiving the statutory £156 a week for 9 months.

If the above is all correct, I think it means that I could receive the enhanced portion of my maternity pay from work, as well as the government allowance during my leave- perhaps even receiving both simultaneously.

Does the above sound like a possible/ permissable situation? I've posted this in other forums and just got the "you're not allowed to get paid by both places" which is missing the nuance of this situation and that A: I am only being paid the statutory amount by one place and B: I have submitted all of the required information and all of my paperwork is straight. It seems like I will ultimately get paid from both places, but exactly how is unclear- hence the post!

The way I see it is that there are a couple of different senarios:

  1. I will be paid my usual wage from work for 3 months as well as maternity allowance on top, meaning during the first 3 months of maternity I will be paid more than I usually am. Then I will recieve half pay for 3 months, along with maternity allowance, then maternity allowance only for the last 3 months.

  2. The above will be the same but for months 1-3, My pay from work be £156 a week less as it is being made up by maternity allowance.

  3. I will receive maternity allowance between 6-9 months only.

Has anyone had any similar experiences or may be able to confirm which of the above senarios will most likely be the case? Thank you!

OP posts:
Hugasauras · 15/08/2022 12:15

Hmm I would check with the maternity allowance people on phone. Because it's a government benefit, the rules about other income during it are very strict (for example, during SMP you can get a second job if you are claiming SMP from first, but you can't do that with MA as it's classed as a government benefit).

I would be surprised if you could claim MA and get discretionary extra payments from work, but the helpline people are very helpful IME.

Hugasauras · 15/08/2022 12:16

I'm also not sure you can just take maternity allowance for 6-9 months. It has to start when baby arrives - you can't delay or only take the end months AFAIK. I

Hugasauras · 15/08/2022 12:18

Posted too soon. My gut feeling is that you have to either choose between MA and no enhanced pay or take the enhanced pay but then can't claim MA, so last 3 months of the leave you plan to take will be unpaid. But calling the MA number will sort it out, they really are helpful.

Come back and let us know what they say as I'm interested!

dementedpixie · 15/08/2022 12:20

If you arent eligible for SMP then you claim MA
If they are paying enhanced pay minus the SMP amount then do you not end up with the same pay rather than more than full pay?

It's very good of them to pay the enhanced pay when you don't qualify for SMP

dementedpixie · 15/08/2022 12:29

*Can I get occupational maternity pay as well as Maternity Allowance?

Yes, if you qualify for both. If you are unable to qualify for SMP, you can claim Maternity Allowance instead from the JobCentre Plus. See section above on Maternity Allowance*.

You should check your employer’s policy or your contract to see if you qualify for any occupational maternity pay from your employer. If your employer provides occupational maternity pay they may deduct any SMP or MA that you are eligible for (even though the MA is paid by JobCentre Plus), however, you will need to check their policy. If nothing is said, you are entitled to the occupational maternity pay provided by your employer and the MA paid by the JobCentre Plus.

From maternityaction.org.uk/advice/maternity-pay-questions/

Hugasauras · 15/08/2022 12:33

Aha! That's good to know. You've got a great employer, OP!

dementedpixie · 15/08/2022 12:33

Hugasauras · 15/08/2022 12:15

Hmm I would check with the maternity allowance people on phone. Because it's a government benefit, the rules about other income during it are very strict (for example, during SMP you can get a second job if you are claiming SMP from first, but you can't do that with MA as it's classed as a government benefit).

I would be surprised if you could claim MA and get discretionary extra payments from work, but the helpline people are very helpful IME.

Getting a 2nd job during maternity leave would end your SMP. If you were already working in the 2nd job in week 25 of pregnancy then it wouldnt. You can do self employed work if claiming SMP

Hugasauras · 15/08/2022 12:34

Ah thanks, I was going off memory but should have checked.

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