Maternity allowance when employed but not working

[Amandapeat]

Hi mums wondering if you could shed some light as I've been told multiple things, I got pregnant whilst still on maternity with my first, me and boyfriend agreed he'd get a second job rather than me going back to work, although I'm still employed by my employer up until a week ago I'm now 35 weks pregnant, would I be entilted to maternity if I wasn't working but employed. Thankyou

also I have my m1 form thing of my employer that sent in saying I couldn't receive SMP as I didn't earn enough

What do the rules for Maternity Allowance say?

Sounds like you should get MA to me

"You might get Maternity Allowance for 39 weeks if one of the following applies:
you’re employed, but you can’t get Statutory Maternity Pay
you’re self-employed and pay Class 2 National Insurance (including Voluntary National Insurance) for at least 13 of the 66 weeks before your baby’s due - the amount of Maternity Allowance you get depends on how much Class 2 National Insurance you’ve paid
you’ve recently stopped working

In the 66 weeks before your baby’s due, you must also have been:
employed or self-employed for at least 26 weeks
earning (or classed as earning) at least £30 a week over any 13-week period"

that's what I thought but iv had my form back asking for payslips for the 13 weeks, got a bit worried as obviously i don't have them, but I've been told that many different things by government and work and everyone I'm worrying now

I'm hoping I've maybe filled the form out wrong some where I just wondering if anyone been in same situation until I get ring job centre Monday

You should be getting payslips still??? You need 13 weeks worth of payslips from the last 66 weeks...

no not been getting payslips, I'm employed by an agency, but I am still employed

If you are employed you should be getting pay slips. I've had a payslip every month of my maternity leave, even this month when I've been paid nothing. Ask your agency for them.

Legally they have to give you payslips and legally if you are no longer working for the agency (you said you'd left) then you need a P45 from them.

I'm not sure I'd get then with being with an agency, as I didn't go back I don't have a job they will just find me a job when I'm ready

I have my p45, I wasn't sure how it works with an agency, I'll ring then on Monday hopefully they will

do you know when you last received a pay slip?

march 2014 around 14th

Sounds then like you won't qualify as you do not have enough weeks where you have earned an income in the previous 66 weeks.

wow that's sucks, one person spoke to said because I was employed and could get a form of the company to day they crnt pay me SMP I should qualify

You have to have earned a certain amount for 26 weeks, so if you haven't been paid at all then you won't qualify, even if you are technically 'employed'.
I'm on a 0 hours contract and just qualified for maternity allowance.

well that just shows how useless all these helplines are lol, thanks everyone for the info and help

Sounds to me like you probably aren't entitled. How long is it since you last had a payslip?

march 2014 just before I had my daughter

Okay, so that would be outside of your qualifying period for maternity allowance (I'm due next week & mine qualifying period went back to end March 14, so yours will be later - I guess around April or May 14.

So when did you stop receiving SMP? I am no expert at all, but I think the question must be whether receiving SMP counts as earnings in qualifying for Maternity Allowance.

this is where the confusion has been, I stopped claiming SMP 19th December

SMP does count towards the earnings rule so if your smp was over £30 a week then you do qualify for MA but your smp should have been paid to you on a pay slip so you should still have been receiving pay slips till December.

yea it was standard 139 a week, if that's the case I wasn't getting payslips but I should be able to get a copy or some sort of copy of my employer

According to <a class="break-all" href="https://www.google.co.uk/url?sa=t&source=web&rct=j&ei=IHuOVbzyBqu27gb_gJHoBg&url=www.maternityaction.org.uk/sitebuildercontent/sitebuilderfiles/pregnantonmaternityleave.pdf&ved=0CC4QFjAE&usg=AFQjCNEUcEy7iRBN-Is0nEArbxFzCHQWpQ&sig2=PXmxMppDG_km34ZXqEJQqA" rel="nofollow" target="_blank">this SMP counts but MA doesn't. So you should be OK.

I'm hoping so, going ring to find out what dates I need and then ring get payslips