Claiming smp from one employer whilst working for another?

[Cheekychops84]

I have been told I can do this ? Anyone else have experience of this ?

www.hmrc.gov.uk/helpsheets/e15.pdf

Check page 18 QW = qualifying week which I meet as been at both jobs over 4 years

It can get confusing all this!

You can work for the second employer so long as a) you were employed there at week 15 of the pregnancy, and b) they are not paying you smp. (You are I believe obliged to tell employer no.1 - the one paying smp - that you are doing this however.)

So, go and ask your part time employer if they will pay you smp They can do this if they are inclined, even though you have requested it late. THey might not want to as they will not be able to apply for up-front funding from HMRC for a late request.

I have been receiving 2 lots of SMP from my 2 employers and I will continue to receive SMP from one even though I am going back to the other.

Yea miss Kieth lemon that's the impression I was getting but if ondont qualify for smp from my lower paid job can I continue working for them through my smp of my larger earning one? Man this is confusing !?

Did your two employers know you were in receipt of two lots of smp?

Yes you can Cheeky - but you should inform the one paying smp that you are working for the part time one still.
Best thing though is to try your hardest to persuade employer 2 to get the smp application through and start being paid both at the same time.

Employer 1 has no right to know you are receiving smp from employer 2, only the right to know that you are still working for them (if indeed you do continue working) iyswim? Also, employer 2 has no right to know that you are receiving smp elsewhere.

It is really no bad thing getting 2 lots of smp, I think other posters people get a bit jealous when it happens and insinuate that you are doing something wrong tbh.
Happens when someone gets sick pay too but carries on working elsewhere, really gets some folks backs up, but thems the rules. Just enjoy

Well the thing is I have made all my plans around this now and if I can't get smp and work/get smp from employer 2 I will have to go back to work after birth literally as I will be bringing in £500 and my outgoings are £800 ha ! So I can't be off ! Hmrc said I could various info says I can so I'm taking it that I can ! Will see what my (cleaning job) says tomorrow regarding smp but think it's doubtful I will receive it now however I am taking 4 weeks leave from there and my mum covers for me as they ask me to provide cover . It's just a key job is not cash in hand!

I'm sorry if it's unfair for others as £500 is ridiculous and I wouldn't be taking any leave if that would be all I was getting ! But if I am entitled to it y not? I haven't claimed anything before and I get taxed to high heaven having two jobs!

Just big disco how long have you taken off for both ? Does it vary a lot timewise and were both employers ok about this?

cheeky I had a good google yest and it appears that, although you can claim SMP from both employers, it's pro-rata'd - meaning if you work 90% of your hours with one employer and 10% with the other, each has to pay you the percentage of SMP they owe you (i.e. 90%/10%), and it cannot exceed what a fulltime worker would receive (i.e. one lot of SMP at £134 a week). So it looks like your only hope would be to go back to work with one, if that's possible.

Hth

Hi fluffy thank you for having a google for me ! It's a bloody nightmare ! So I will continue working for one and b paid by the other? Its not a hard job jus cleaning for like an hour or 2 in the evening and then my mum or hubby comes up with me I'm not doing it on my own ! They need me to provide cover if I'm off so it's not bloody easy and I dnt want to loose the job ! I've been there 7 years and never took maternity leave with my last pregnancy ! I've also Bern told on the employment thread that it is in the hmrc guidelines so it is ok to do .

Also found this fluffy from hmrc One employer two contracts earnings not added together for NIC purposes- two payments of SMP

If the woman is entitled to more than one payment of SMP she can start her SMP at different times in relation to each contract. She will also be entitled to two lots of KIT days.
If an employee?s earnings from more than one contract with the same or different employers are added together for NICs purposes:
she is only entitled to one amount of SMP
SMP liability is divided between the employers in the same way as the NICs liability.
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Cheeky - use this link <a class="break-all" href="https://online.hmrc.gov.uk/shortforms/form/EHL_SMP?dept-name=EHL&sub-dept-namonline.inlandrevenue.gov.uk/smail/smail?action=displayForm&STRF_FORM_NAME=EHL_SMP&STRF_DEPT_NAME=EHL&STRF_SUB_DEPT_NAME=&STRF_LOCATION=1&STRF_ORIGIN=www.hmrc.gov.uk" rel="nofollow" target="_blank">online.hmrc.gov.uk/shortforms/form/EHL_SMP?dept-name=EHL&sub-dept-namonline.inlandrevenue.gov.uk/smail/smail?action=displayForm&STRF_FORM_NAME=EHL_SMP&STRF_DEPT_NAME=EHL&STRF_SUB_DEPT_NAME=&STRF_LOCATION=1&STRF_ORIGIN=www.hmrc.gov.uk

It is an HMRC structured e-mail for SMP queries. Fill it in and they'll get back to you within 48 hours. Its personalised so you will get answers to your specific situation, no need to worry and stress

Also - you have 2 separate employments (Contract A & B). Your earnings are not added together for NIC purposes which is why I said you will be entitled to 2 lots of SMP providing you meet the qualifying conditions for both - which you seem to from the info you've given upthread.

Hello lemon oh good I was waiting for u! Yes two totally and utterly different employers ! My mum who works in an office has spoken to her HR dept they have said legally I have to take 2weeks maternity leave from small job it's the law this would b unpaid if not having smp ! Then I can continue to work for them and claim smp from big job. I have jus spoken to small job she is going to look into smp and for me as I've been there so long and also if I can't at least give me pay for the 2weeks unpaid!

One more question do I have to notify hmrc what I am
Doing ?

Yes - that all sounds right Cheeky! 2 weeks unpaid is a statutory right, even if they cannot pay smp for whatever reason.

I'm pretty sure that you'll get the smp from what you have stated, as your earnings are over the limit by the sounds of it (they'll need to check your earnings for the time between week 15 & week 23 of pregnancy)

So if you hand in matB1 to small employer (ask midwife for new one if you have handed first one over to employer 1) they have to get back to you and either
a) say yes you are entitled to smp from us and we will pay you, or
b) give you an smp1 form which will give you the reason they cannot pay. (So if your earnings were not enough during qualifying weeks or because you have notified them too late, or any other reason.)

Is it a smallish company (the part time one?) I only ask as sometimes the firms themselves struggle to work out whats what with smp - its useful to know the rules in your own situation so you can make sure that your employer has the facts right! if it is a small company they may well be able to claim upfront funding for the smp they pay you - let them have a look at this link - www.hmrc.gov.uk/paye/employees/statutory-pay/funding.htm if you can.

Lastly - no, you don't have to inform HMRC of anything. As you are on paye for both employments all smp will be reported alongside the rest of your earnings for the year in the usual way next April.

They are jus a small Drs surgery only about 8 rooms or so ? Thanks so much for ur help I'm gonna go a put my blimming feet up with a cup of tea !

Cheeky - I meant small as in number of staff sorry if that was not clear!

Its just that a lot of small business's do not have the HR staff etc that larger firms do and thats why they sometimes struggle to understand the complexities of smp via payroll etc.

If its a Dr's surgery its likely they have the payroll/HR outsourced to a shared services centre where they will have the expertise (fingers crossed!) to get things right for you/your circumstances.

Oh I see sorry Urm no I would say they employ about 12 ppl? The manager does HR along with a lady in pay roll the pay roll lady didn't have a clue ! The manager wasn't sure but feels I should b entitled to something.

cheeky I took 6 months from one job and 9 from the other, so continued to receive SMP from one for 3 months after going back to 1 job. No problems as far as I can tell - and I got full amount from each.

fluffy what you say about pro rats isn't true (although would seem logical) if you are over the qualifying amount for both jobs, you get 2 lots of SMP ie double the amount. Unfair I know, but them's the rules.

pro rata, not pro rats!

I think fluffy found info which does say no to pro rata but that was if u have 2 jobs within the same company ?

Right. All I know is that if you have 2 separate jobs in which you earn over qualifying amount in both, you get double SMP as that is what happened to me!

Thanks big disco ! Maybe hmrc should make it bloody easier to find !

Cheeky - its not something they like to advertise

Most 'small' employers can claim most/all of the smp back from the government, with an amount of compensation on top, so HMRC don't go shouting it from the rooftops! It all depends on national insurance contributions (from employer, not employee) Big companies foot the bill themselves so they also don't like seem to let people know the rules properly.

If I was a cynic I would hazard a guess that women of child bearing age make up most/nearly all of the group of people who work for more than one employer at a time...

They can't have it both ways though. SMP is based on NIC and NIC are paid over per employment wheras income tax is per person - so you can get it twice! Enjoy

Ha ha! Well i do get taxed heavy ! Out of the 445 I earn on small job £90 of that is tax then I pay about £250 on bigger job so I pay a big chunk into the system and some nights I dnt get home from
Work till 9pm! So really need a break now ! Still waiting to hear from small job on where I stand with regards to mat leave will let u no when I hear!

Mrs lemon how can I pm you ?