Anyone else worse off with SMP than would have been with MA?

[CathyNoodles]

Hi, I was fully expecting to claim Maternity Allowance (and had calculated I would get the full amount), as my contract ends almost 2 months before I give birth, but I found out today I am entitled to Statutory Maternity Pay from my employer - the only thing is that the two are calculated differently, and since I didn't work as much in the two months just before my 'qualifying week', I will get 90% of my earnings for those months, which is much less than MA would have been :-( The rules seem quite arbitrary, and don't really reflect how much you've actually worked over the past year or so!

I don't suppose anyone knows of a loophole, or if there is a way to 'opt out' of SMP and instead apply for MA?

Hmm I really feel for you as I'm only eligible for MA and that's really going to be a struggle for us. Unfortunately, off the top of my head, I think that one of the criteria for MA is that you need to not be eligible for SMP. Might be worth having a read through all of their information though (if you haven't yet).

Are you sure this is correct? I'm pretty sure for maternity allowance the maximum you can get is £138.18, so presume your 90% calculation is lower than that?

MA is calculated using any 13 weeks you choose during your test period (which is roughly the year leading up to your due date) - in this period, I had earned around £800 a month for quite a few months. But for calculating SMP, your employer only considers the two months prior to the point where you are 15 weeks before your due date. In those two months, I only earned around £400 a month.... so I will get 90% of that... doesn't seem fair!

No, the maximum you can get on maternity allowance is the £138 figure. It's calculated on either 90% of your earnings or £138, but crucially whichever is LESS. So you only get the 90% figure if your weekly salary is in the region of £150...

And isn't SMP the greater of full pay weekly or 90% of the average over the qualifying period.

And yes, it's pathetic and complicated and the last thing you need to be applying for when pregnant! How long does your SMP last for? Will you get MA for any of your maternity?

It turns out I will get £120 per week SMP, which is only a little less than the £138 on MA. It will be for the full 39 weeks. So I am relieved!