Mat B1 and maternity pay

[BloominB]

hi everyone, saw HR this morning and looks like I'm not here long enough to qualify for SMP - I miss out by 6 days.... I'm absolutely gutted, we will really struggle on one wage. My moral dilemma - should I alter the date on my Mat B1 by a few days - I can change 1 to 10 quite easily. What checks are done on this form? I I've never done anything like this and feel sick at the thought of getting caught. Any advice welcome, Thanks

Are you not entitle to Maternity Allowance instead?
I would worry too much about being caught out about changing the dates. Especially if you have already informed your work of the due date.
If baby comes a bit early will you be entitled? Maybe lots of sex an curries once you get to 38 weeks?!

Do you mean alter your due date? Have you already said it's the 1st though? I'd be tempted as well but think the fear would get to me and I wouldn't Not sure what checks are done after it's sent to HR sorry.

have you discussed your due date with them i assume so as you know your short by 6 days? it may be worth discussing with your midwife to see if they would alter your dates. sorry but i think if youve discussed your dates it would be tricky and more likely that you'd be found out, fwi i don't think any checks are done :(

No, if you don't qualify for SMP you will almost certainly qualify for maternity allowance. It is similar to SMP although you don't get the 6weeks at 90%. On the other hand, you don't pay tax or NI on maternity allowance. You get 39 weeks at about 125 pounds a week. You need to have worked for 26 weeks in the 66 weeks before your due date (get a calendar out and check this) but it doesn't matter if those weeks were in different jobs. If you only miss SMP by six days then you will certainly qualify for MA by the time you go on maternity leave.

HR need to give you an official form why they are refusing to pay you SMP. You send this form, your MATB1 and your application form for MA along with 13 weeks of payslips.

Direct.gov website has the form to download and the info.
www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_10018869

Do not fraudulently alter your MATB1, you might end up in trouble and not get anything at all.

That's a real bummer, you must be gutted.

I don't really know how many checks are done but if you did get caught it would either be considered benefit fraud, or defrauding your company, or both (I think it's the latter who has to pay the enhanced bit of SMP). Being as you've already alerted HR to you EDD aren't you more likely to get rumbled? It's really up to you but I'd look into it carefully and understand the potential consequences.

However, even if you don't qualify for SMP through your employer, you'll still qualify for Maternity Allowance from the state. You don't get the enhanced bit that comes through your employer (i.e. 90% of your salary for six weeks) but you do get paid the statutory amount for nine months, which is about £128 per week.

You just need to have worked and paid national insurance for 26 out of a 66 week period before your baby is due, which it sounds like you'll easily have done. Have a look at the guidance for maternity allowance here: www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Expectingorbringingupchildren/DG_10018869

You'll also get child benefit at about £80 per month, so taken together it's not too bad (unless your employer had an amazing maternity policy...). I don't qualify for SMP either and have just applied for Maternity Allowance instead.

Whoops, cross post with KatandKit - glad to see we're giving the same advice

Thanks girls. Sorry my message was very confusing, I do qualify for SMP but not the occupational maternity pay - there is a big difference - 8 weeks full, then 18 weeks half + SMP. apologies for confusion - I'm having a terrible day.
I have not told them my date yet, just worked it out myself. I wonder if the info on the form is checked with the GP or just taken as good. Does anyone work in HR and know what happens?

Ah right well unfortunately that is tough luck about the enhanced maternity pay. It wouldn't be benefit fraud but it would possibly not be legal either.

Has your due date been confirmed by scan? How far along are you? If you haven't had a booking in appointment yet you could lie about when your last period was (no law against that!) but your due date might be changed at the scan and you won't get MatB1 form till 20 weeks.

If you have an official agreed due date on your notes already there is probably nothing you can do, especially if the MATB1 has already been filled out. If you are early on, "adjust" your last period date slightly.

Oh dear. I have to admit I would be tempted to fudge it. Your dates may change at scan but that's a bit to wait. Are you well regarded at work? I would be tempted to demand the extra pay if you think you can demonstrate your worth. That's a tough one though...

I'm almost 24 weeks and date has been confirmed by scan

I wouldn't do it, personally - not worth losing your job (and all maternity payments) over.

Oh crumbs that's really hard that is a lot of pay to lose for the sake of 6 days I really do feel for you. I 2nd the above poster - if you are well regarded there have a chat with your line manager/HR dept. Are you intending to return there after mat leave? Perhaps have a discussion that you are willing to sign a 12 month retainer so you guarantee them you will return and work for minimum 12 mths or you will pay back the enhanced pay. They might then decide it's worth paying it to keep you.

Had a sleep on it and talked over with hubby. Not worth the risk or stress or altering the date so I'll have to accept it. I'll try talk to HR but it's a big company so rules are kind or hard and fast. Very disappointed, but need to stop stressing, can't sleep and that can't be good for baby. He's been kicking extra hard yesterday and last night...... maybe he's way of moral support for Mum! Thanks for advice girls. Hope all the bumps are well, no amount of money can buy that x

I've just had a very similar issue myself BloominB, at first I thought there was no way that I'd be entitled....but ive just had confirmation that I qualify. The issue I had was working out 'by the end of the 15th week before EDD, had I been working for 26 weeks'. It depends how the end of the 15th week is worked out....if it's the working week I wasn't (as I'm due on a Friday) but using the gestational week I was?! There was no definition of this anywhere, I used the calculator on Direct.gov and also contacted ACAS to no avail. My employers had to consult a solicitor in the end...but it was a successful outcome for me....so don't give up hope yet!! If my dates help you at all, I started the job 01/06/11 and am due 09/03/12.