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Talk about every stage of pregnancy, from early symptoms to preparing for birth.

Maternity Allowance if Self-employed

65 replies

Morningnewspaper · 01/08/2006 22:48

Does anyone know about maternity allowance if you're self-employed and has anyone been through the process? How do you do it and how much do you get and for how long? Obviously I can't apply for stautory maternity pay from my employer...

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JoLucy · 02/09/2008 17:49

Crumbs, Pontypine, that delay's not good news!
I'm in the middle of filling in my form, having waded through the notes & dates charts. I gave up my job just before I found out I was pregnant, and have been self-employed since. I'm hoping that I can claim on the basis of the deductions made from my original paid job, as I haven't been earning much at all since.
Fingers crossed!

gem1981 · 03/09/2008 13:27

ooohh i am getting really mad now i sent off my forms and they got them on 4/7/08 and they then sent them back to me at the end of july telling me i had claimed too early.

sent them back again as they asked me to resign and sentt them back and they received them on 4/08/08 but they then sent me to the back of the queue again!!!!!

phoned them last week and they told me that i had around another 5/6 week wait (my baby is due then!!!)

my ML started on 1/09/2008 and now i am worrying that i have started ML when they have not even confirmed anything in writing that states they will definately pay me.

i have been trying them since the beginning of the week and they are not even answering the phone now.

it's all starting to become a bit of a farce

thinking about contacting my MP

Pontypine · 04/09/2008 17:18

Gem that is EXACTLY what happened to me! i sent in at the beginning og July using my C section date as the guide, got sent back on 27th july saying send back after 20th!! sent back and they sent it back again saying send back after 3rd august (arrived to me on 7th!) so i sent it straight back but apparently because i had not signed it again, just redated it they sent it back AGAIN!!!

If they take 8 weeks, i will be having my baby when i get my first money! my ML started on 1/9/08 also!!

What i want to know is if it takes 8 weeks to process, will i get my 8 weeks pay then or do i have to wait another 4 weeks (as it's paid 4 weekly) and get 12 weeks pay!

Like you, i have had no confirmation in writing that they will pay me or what i will get!!

If i ring them, i get put through to incapacty benefit as they are taking calls on their behalf and all they can say is "it's on the system now" and nothing else!!

On the plus side, if i get the standard £117 a week and we spend the next 8 weeks living on the breadline, when i get my 8 weeks worth of pay, my OH has agreed that i can use half of it (£450) to go shopping for some new post baby clothes as baby will be here in 8 weeks!! yaya!!!

gem1981 · 05/09/2008 16:42

God it's annoying isn't it?

I have asked to be paid weekly from 1/9/08 so I am also expecting some backdated pay

finally got through yesterday after trying ALL week and the man on the phone was very sympathetic but rather unhelpful.

he told me to call back at the end of the month and they should have a better idea by then about my claim. (!)

he also told me that they had taken LOADS of extra staff so this might have a major impact on the backlog and it may get cleared quicker than they expect (do I believe him? -not sure really but keeping my fingers and everything else crossed!!)

baby is due on the 26/10/08 so 8 weeks from the second time they rec'd it is the end of this month. so hopefully payment will start before the baby is born.

one thing the chap did say though which i thought was quite teling was that they get many calls from women who's baby is weeks old and still haven't rec'd payment (not sure if i would have admitted to that if i was him!!)

not sure what would happen if the press got hold of this.

on a lighter note can you ingaine working in that office and having to field calls from angry and hormonal pregnant women

NIGHTMARE!!!!

tbaby · 10/02/2009 15:52

Hi ladies, can anyone shed some light on my predicament please?
I am a self empoyed recruitment consultant, and I just made a placement for a 1 year contract position for a candidate. My fees for the placement would be paid over a one year period, for the duration of the period the candidate wil be in contract with the company. My main issue is that I am going on maternity leave and will like to apply for MA, i dont know if this payment for the placement done before going on mat leave will be a problem, since it will be paid over my mat leave period?

theflipside · 06/01/2011 15:25

Hi Girls,
I am self employed & have been for over 15 years. I am now pregnant here's what I have found out (with no help from MW or HMRC!).
Yes we get a 'maternity allowance' (MA) £124.88 per week for 39 weeks. I also got a 'health in pregnancy grant' of £190, this is about to end soon thanks to the new government (everyone gets this, ask your MW). I would suggest you get your MATB1 form ASAP, get the forms about the MA sent to you from Jobcentreplus (T:0845 6088780) ASAP, they make mistakes & take ages 'processing' it. You can start claiming 14 weeks before the baby is due.
All my 'employed' friends with baby's got 9months paid leave plus another 3 months off if they felt like it. Went back to work & now get 'kiddivouchers' to help pay for childcare, guess what this is NOT available to self-employed mums that are do not have a LTD company; so much for a fair system!
As an employer I have paid for 2 of my girls maternity pay; nightmare forms that take ages to fill out, & we do it all at our time & expense. Honestly you 'employed' mums have it EASY! But as self-employed mums MUST remember we made this choice to go out on our own....good luck guys! (oh yeah you self-employed dad's don't get paternity leave or pay either....try to keep smiling through gritted teeth!!)

KittyVonMew · 20/01/2011 16:40

Thanks for the info 'theflipside' I'm just filling out my Mat Allowance paperwork now... it does feel like we get punished a bit for being self employed! I managed to get the £190 but only just as I was one week off being over the cutoff point! Phew!
I'm due in 11 weeks... fingers crossed they don't cock my application up TOO much!
Luckily this is my 2nd baby so i'm not too fussed about baby shopping just yet!

Scruffyhound · 21/01/2011 09:40

I have just gone through this I was short of 8 weeks to qualify for MA. Im going self employed or I may have a job from Monday to enable me to claim MA. Its very annoying! So long as you have worked for 26 weeks within your test period and have earned £30 gross for each of these weeks your fine. All you need to do then is send 13 weeks worth of wage slips/invoices from anytime with in your test period. (They suggest you send 13 weeks when you get paid the most). They then decide wether your wage is lower than the standard they will pay per week if so you will get paid at this rate instead. I know its seems very weird when you first read it. Once you break it down its ok. Hope this helps?!

jellyhead188 · 21/01/2011 14:37

Hi guys, I claimed MA when I was pg with my second child and will be this time too - FWIW you ARE allowed to work for 10 days during the time you claim MA without it affecting your payments, this is taken from the benefits website: Working in your MAP

If you work during your MAP you must tell Jobcentre Plus of this work as soon as possible. You are allowed to work for 10 days during your MAP and still keep MA (see Keeping in Touch days below). If you work for more than 10 days you must not collect any more money. The decision maker will decide whether any further payments can be made, but you will lose MA for at least the number of days you work over the 10 days allowed.

Keeping in Touch days if you are getting MA

You are allowed to work as an employed or self-employed person for up to 10 days during your Maternity Allowance Period without losing any MA. These special days are known as Keeping in Touch (KIT) days.

KIT days are intended to help you keep in touch with your workplace or, if you are self-employed with your business. They enable you to do some work without affecting your MA and could also help ease your return to work. If you are on maternity leave from your employer you and your employer must agree that you can work on those days. Your employer does not have any right to insist that you work. If you are not on maternity leave from an employer, or you are self-employed, you are free to decide for yourself whether to do any work or not.

Any work you do as a KIT day, even for as little as half an hour, for example, will count as a whole day for KIT days. You can work for single days; in blocks of two or more days; or they can be worked consecutively. It is the number of days you actually work over the 10 days allowed which determines whether you will lose your MA just for the days worked or whether MA stops altogether. The amount you get paid for the days you work in your MAP will not affect your MA.

If you work for more than 10 days you must not collect any more money. A decision maker trained in applying Social Security law will decide whether any further payments can be made.

You must tell Jobcentre Plus if you do any work for an employer or work as a self-employed person (including work you do on KIT days) in your Maternity Allowance Period.

xx

fingerscrossedgirl · 21/01/2011 18:55

I've just sent off my MA1 form. If you're self-employed, and you don't have a low-income exemption cert, and you have been paying your Class 1 NI contributions, you don't have to send any payslips - they'll just check your NI number with HMRC to make sure your contributions are up to date, and if they are, you'll get the full amount of MA £124 a week, or whatever it is, for the full 39 weeks. What you've actually earned as self-employed doesn't come into it - it's all about paying your taxes. So in my case, I had a few temp contracts as an employed person, but I was registered self-employed all the time, so I didn't need to send any payslips - my NI record with HMRC is all they need.

Warty · 03/03/2011 16:42

I'm a self-employed recuiter but have contracted out and old friend and colleague to run the business for me whilst I'm on maternity leave.

They are also self-employed and so bill me 40% of the placement fee (no salary). This person has since placed two people in jobs. I have been paid by the client, then paid out 40% to the person doing the work for me, but have not actually done any work myself - other than transferring cash.

I am claiming maternity allowance, does the fact that I made 60% of a fee during this period even though I didn't actually do any work to achieve it, mean that I am no longer entitled to MA?

What happens if you are self employed and employing people the business will continue to generate income when you are not there.

tigerbear · 04/03/2011 13:49

Warty I'm in a similar predicament. I don't actually employ someone, however I do have a freelancer who gives me commission on any work she's done for my business. She will be doing a lot of work on my behalf when I'm on maternity leave, so I'm confused as to whether I'd be penalized for this. I'll also be generating income on royalties for a book I published, so no idea if that will affect MA either...

Arrgghh, it actually makes me really angry that there's hardly any advice anywhere for self employed women on this subject!!!
So much for the support of small businesses!

Also, what do they actually constitute as work? I presume we can actually do things like marketing, PR, emails, etc while we're on mat leave, as long as we don't get paid for it?

MissingOneLibidoOneBaby · 04/03/2011 14:00

Can someone clarify this point: "All my 'employed' friends ...now get 'kiddivouchers' to help pay for childcare, guess what this is NOT available to self-employed mums that are do not have a LTD company; so much for a fair system! "

I'm a sole trader and TTCing. Does that mean I would not be entitled to any childcare vouchers, but if I set myself up as a ltd company I would be?

Any one know the inns and outs of this?

VeryHungryKatypillar · 04/03/2011 14:06

In relation to Warty and Tigerbear's questions - I asked the Job Centre about this and they said that I would still be entitled to maternity allowance if I received profit from the business I am a (self-employed) partner in. I am planning on putting this on my form, so that I can't be accused of withholding information.

I understand that you do need to be careful not to do any 'work' - although the keeping in touch days can be used. I guess admin might not be considered as 'work' - and anyway, how would they find out?

FeralGirlCambs · 04/03/2011 15:08

this is a really interesting discussion - I am a self-employed partner in a business and receive a percentage of annual profits, which I prefer to take in monthly installments rather than as a lump at the end of the year. So do you think VeryHungry (great name!) that makes my situation similar to yours? i.e even though I'll be receiving monthly income it won't count against me? Or should I change the arrangement so I receive the profits in fewer but larger installments, when not claiming MA? I was thinking tigerbear of doing a bit of emailing / admin but claiming MA - but not doing anything that actually tangibly generates income - but of course everything one does contributes to the bottom line, so does it count as paid work. I second what you say re the system simply not being able to deal with self-employment. For example, no-one has been able to tell me whether having a year's profits on my 2011/12 tax return will ever be linked up with my claiming MA and cause trouble - I do want to do things correctly, but not to lose out. After all we self-employed girls do pay two lots of NI and seem to get precious little for it. And the profits in question are ca £11,000 pa before anyone thinks I'm really abusing the system. I normally reckon on earning about another £7-9,000 through paid freelance work, which of course I wouldn'tt do while claiming MA.

StainlessSteelCat · 04/03/2011 16:40

Childcare vouchers - not all employers offer them, it is not compulsory, I know this because my employer won't sign up to the scheme.

I would assume that if you run the company you can decide whether or not to sign up :) No idea how much hassle it is to run, so would need some research to see if it was really worth the effort.

Can't help with the MA though - never been lucky enough to have any other income whilst receiving it!

tigerbear · 04/03/2011 21:29

veryhungry - thanks for clarifying about whether we can receive profit or not. Also, good point re admin, etc - I guess there's no way of them finding out. Feral I don't think we would be penalised for doing admin, at least I hope not. If they did, how would small businesses ever survive women being on mat leave?

Also, does anyone know how you can prove you received income within the test period, if you don't invoice for all work done? I do invoice for work such as lecturing, but not for one to one tutorial work I do with individuals, and they pay me a cash or cheque. Would the tax people ask to see my bank statements to prove there's money going into it?

VeryHungryKatypillar · 06/03/2011 19:43

FeralGirl and tiger bear- I don't think it would make much difference how you receive profits - the main thing is that you are receiving them I guess? I'm going on what the job centre told me - which is why I'm going to put it on the MA form. What would be even worse than not getting MA would be getting it, and then having to pay it back!

There was nothing in the booklets I've read which told me the answer to the question by the way, which was useless!

It's been a while since I checked, but I think the important thing is that you have been paying NIC during the test period (or have small earnings exemption). I don't think you have to provide invoices, but I could be wrong. My form and the guidance is at work and not home, so I can't check...

Good luck everyone!

Scruffyhound · 07/03/2011 11:24

Im in the process fo claming MA. I was laid off work in May last year. I had worked from when I was 15 all the time until May last year (im now 34). I went on jobseekers and wanted a job no one would give me a job I guess because I was pregnant (I found out not long after being laid off I was pregnant).

1)So I have worked all my life until last year.
2)Claimed Jobseekers and looked for jobs and asked for help getting one.
3) Was told by job center that I could apply for MA when jobseekers came to an end.
4) Did this was told I dont qualify due to not working 26 weeks in the test period (I was 6 weeks short).
5) still looking for jobs at this point and still am now at 36 weeks pregnant
6) I did cleaning for my dad who is schizophrenic. My mum said maybe ask your dad to pay you and become self employed if no jobs come up. My dad pays me £40 per week for cleaning now and I have had to ring up to pay my class 2 cont.

My point is this When I read posts about this subject it seems different women are not being given it for different reasons. I was annoyed at the fact of the timing never mind you have always worked and are trying to get work you cant have it for the sake of 6 weeks. I know there were other laides in the same position. I think MA should go on contrabutions from the start of your working life to when baby is due. I dont know if other people agree?! Wink

Sparklies · 07/03/2011 13:08

Scruffyhound oh heck yes, I agree!! As somebody who has worked all my life up until a few years ago paying tens if not hundreds of thousands of pounds in taxes, I was most pissed off to be told patronisingly that "you only get full MA if you contribute". How I didn't explode, I don't know!!

My own "sin" was to be misadvised by HMRC when I started my business last summer. I was told that taking out a small earnings exception certificate would affect my benefits, such as my entitlement to pensions - nobody said anything about MA or I'd have noticed as we were about to start TTC #3. There was certainly no mention of the fact that you get peanuts if you hold the stupid certificate when you claim MA - in fact even on their damned website and the form itself, they say you are still entitled to MA. It's only in the small print in one tiny spot that it says "at the lower level" without actually mentioning what that lower level is (it's £27 a week so £4K less than what you would expect to get). Crazily easy to miss. And I missed it. To further screw you over, they don't count any contributions back paid for when you held the certificate because that's apparently "fiddling the system" which beats the life out of me how.

Did you know that you can backdate when you started your self-employment date? So if you backdate when you started cleaning for your dad as far as necessary to get your 13 weeks of class 2s (and 26 weeks of self employment) you should be okay.

That's pretty much the tactic I am trying - backdating when I started my self-employment in June of this year back to April, because for those months I didn't hold that stupid certificate. They did that no problem and sent me a bill which I have now paid. Now waiting to hear if it's worked Hmm

Good luck with yours. Having spent probably hours on the phone to them getting conflicting advice over the last month and getting stressed beyond belief, I more than feel your pain Sad

eastegg · 07/03/2011 13:16

Haven't had time to read everything on here and I can't quote chapter and verse about MA but I do recall (from 2 years ago so it could have changed) that you do not have to provide proof of earnings but you do have to have earned above a certain amount a week (think it's £97?) for 26 weeks during the 'test period' in order to get the full MA (£124ish now) and if you earned less I think it's 90% of what you earned.

You definitely don't have to 'un-register' as self-employed.

I found the forms quite easy. Just read all the accompanying guidance carefully and be armed with your Mat B and I don't think there's anything else you will need. It may well get more complicated in low earnings cases though...

Sparklies · 07/03/2011 14:07

I think that only applies if you are basing your MA claim on a time when you were employed. If you're self-employed and have been paying class 2 NICs (for at least 13 weeks) and don't hold that stupid small earnings exception certificate, then you get the full amount regardless of how much you actually earned.

From www.dwp.gov.uk/publications/specialist-guides/technical-guidance/ni17a-a-guide-to-maternity/maternity-allowance-ma/ :

If you are self-employed and do not have a small earnings exception certificate, for any week covered by a Class 2 NI contribution you will be treated as having enough earnings to result in the standard rate of MA, payable at the end of the week covered by a Class 2 NI contribution. This means that:

From 7 April 2008 treated as earning £130.20
From 6 April 2009 treated as earning £136.73
From 12 April 2010 treated as earning £138.75
Jobcentre Plus will ask HM Revenue & Customs to confirm the information you give about your Class 2 NI contributions on your MA claim form.

sansal · 05/05/2011 16:44

Okay so can anyone help me please. I am self employed and have been for the full 66 week 'test' period. During that period I paid NI class 2 contributions except for 1, 6 month period were I had an exemption. Do I still qualify for MA ?

  • My test period is from 1/08/10 - 05/11/11 (66 weeks) and my exemption period was from 10/10/10-6/05/11.
  • Does the full 66 week test period need to have Class 2 NI paid on it or is it just for a period within the test period and how long is this period (13 weeks or 26 weeks) ?

No one I have spoken to has a clue and the literature is not clear .... HELP !!!!!

RugbyWidow7 · 05/05/2011 17:32

Sansal I'm afraid I don't know the answer to your question but have been doing all these forms myself this week (quite complicated actually!). Have you tried calling the HMRC? Could be a good move next if no one on here can help you.

Rootatoot · 05/05/2011 17:47

liberty girl - the PP is right I am sure. My best friend claimed MA with her first and only had very small earnings.

tizzlepops - no don't unregister! Not sure about your other question.

I'm self employed as well as employed and amazingly it turns out my employer will pay me mat pay even though i'm only very part time on temp contracts! Can't believe I've been lucky for once! The rules are v odd.