mat leave+pay and benefits

[trian]

I'm 29wks
i think i'm going to tell work that I intend to return to work, and then decide if i am in the first couple of months after the birth.

In our mat leave policy it's ok to change your mind about returning to work (maybe that's a legal minimum anyway).
My question is, can I do this before the 39wks is up, so that I have time to get my benefit claim in so the benefits start from wk40 (or are backdated to start from that wk)? Obviously I'd have to pay back the Occupational Maternity Pay that I'd already been paid.
What I'm worried about is work saying that I can't resign before the end of the 52wks leave that was agreed. And I'm worried about the benefits system saying that I can't resign then either. The problem is is that if I take the full 52wks leave and then resign, I'll have to pay back the full-rate Occupational Maternity Pay I was paid for wks 40-52, without any benefits money to take it's place.
Thanks in advance for any help anyone can give me.

You can resign with your usual notice period any time you want. So if it would usually be 4 weeks, then you give 4 weeks' notice.

You're entitled to SMP regardless of whether or not you intend to return to work but I think your question is regarding maternity pay above and beyond that.

Any extra maternity pay your company has chosen to pay you, there's usually a clause saying you have to return for xx amount of time to qualify for this. If you don't return, you may have to pay this extra back. This is down to the individual company so you'd need to speak to your HR dep to find out their policy.

You can resign whenever you like, just like any other employee. Generally though you'd be better off doing this towards the end of your leave as you accrue holiday and bank holidays when you are off that they'd owe you money for, or the time off at the end of your leave e.g. if you get 20 days holiday plus 8 bank holidays that's 28 days pay.

You don't have to pay back SMP that's yours to keep. If you get OMP you'd have to check you contract regarding paying it back. But say you owed them 3 months pay, they might owe you 1 months holiday so you'd need to get a calculator out and work it out!

i think what i need to know now is whether or not the benefits system will definitely pay me from wk40 and beyond, or whether they won't because I've voluntarily left my job.

This government and it's crackdown on benefits claimants makes the whole thing more fraught with uncertainty and fear than it usually is.

I've phoned Gingerbread and their automated system says "our queue is full, phone back another time".

I've tried looking online, tried entitlement calculators, no joy. So fed up of this tbh, it's not even the most urgent thing i should be dealing with today!!! :-( sorry to moan

I only have to work 13 weeks to keep my extra maternity pay. This can include holiday if any is relevant - is that an option, then stop?
Also at my work I can choose to just get SMP and work holds onto my extra maternity pay ( for first twelve weeks I think I get it?!) if I tick the box that says am unsure if wish to return. then if I return I get the money, and if not I have not spent it and am not in the situation of being unable to pay back.

is it worth posting question about benefits after resigning in money or employment section of Mn for more advice? Am afraid I do not know. CAB any use?

I do not know for sure, but I would assume the rule about what you get is the same as if you had resigned your job in the normal course of events.

Have you looked at maternity action website? May be helpful.

thanks everyone,
the Maternity Action website looks interesting.
YonicScrewdriver, I don't THINK it's the same, as society tends to be less harsh on parents of children below school age than on other benefit claimants, but I don't know for sure. I remember my friend being in a similar situation to me a few years ago and the system seemed to work to support her into work if she wanted it, but also to support her when she found working full time as a single parent to be too hard on her and her 3 year old son. But things might have changed since then.
RooiboshTeaAgain, I think i've left myself the option to do that, if I want to and if I find someone suitable+willing to look after my daughter for those wks. Might have a go on money/employment bits of MN, thanks!
What a needless palaver!
thanks again guys :-)