Maternity allowance v SMP (nhs)

[NamechangeTTC]

Not a situation we thought we would be in as planned this baby and saved and saved.

Found out from work today that I can’t get SMP due to changing jobs (nhs) but they count my continuous service so I get nhs maternity pay. Means a drop of 151x39 weeks.

They told me to speak to my old employer (as I’ve stayed on their bank) and in the qualifying period I earned just over £1000. It covers 8 weeks. Dividing that by 8 means I qualify for SMP by them (by the skin of my teeth) but hmrc seems to multiply it out to a yearly pay (x6 then divide by 12) which leaves me £4 a week short of qualifying....

They’ve said I can look at maternity allowance which I should qualify for as I’ve worked continually for 10.5 years since graduating but I could be rejected as they think my employer should cover.

Has anyone been in this situation? I don’t want to start maternity leave with nothing done about pay! I’m so confused as all the policies say about eligibility for occupational mat pay and service being counted continually yet somehow for SMP they’re not a national employer?

Have also spoken to union for help but input appreciated!

This is ridiculous!
Sorry I can't help you any further but I also work in the NHS and we are planning to ttc but I'll also be planning to move to a different trust so this has given me something to think about. I would absolutely have assumed them to be classed as a national employer
Sorry you are having to deal with this

@Greenwhale I agree it’s madness! It counts for length of service (annual leave etc) but apparently not for statutory maternity.

I honestly feel so upset that we treat people who work in the nhs this way! It's disgusting!
It's really not right.
I really can't help, I just wanted to comment.
I had smp with my first, my second I had only been back 6 months and got maternity allowance and it worked out better for me as they used my old payslips (as I had cut my hours really short). Maternity allowance is more of a pain to sort where smp is easier. I wouldn't of thought it would make a difference the amount you got though.

That seems bonkers. I’m a local authority employee and if I change council employer my continuous service carries over for Mat pay.

I couldn’t claim SMP but did qualify for MA. It was pretty much the same amount for me, but MA isn’t taxed, which helped me!

I changed jobs at 8/9 weeks. Different hospital trusts, still nhs. I didn’t realise it would be so complicated.

It seems mad that if hr had been faster I’d have started pre pregnancy...

It’s frustrating. If I knew I’d get MA I’d be ok, but it’s the confusion of go to trust A, they say go to trust B, trust B says not them, they send me to DWP etc. Spent a 40 min phone call being told I needed to make sure I earned enough- appreciated but I’d told them the scenario and it didn’t seem to go in!

I was in the same position. Worked for one trust until I was 4.5 months and then moved to different trust. You do have to claim MA but you won’t be any worse off if they do their job properly. Mine didn’t and I had to argue and argue for ages to get it.

Let me explain:

You are entitled to

8 x full pay
18 x half pay
13 x MA

Now if you were at one trust they would pay your OMP and SMP through PAYE. You’d get:
6x 90% SMP plus 10% OMP
2 x flat rate SMP topped up to 100% with OMP
18 x flat rate SMP plus 50% OMP
13 x flat rate SMP

Instead you’ll get your MA paid to you direct and you’ll get
8 x flat rate MA topped up to 100% with OMP
18 x flat rate MA plus 50% OMP
13 x flat rate MA

So whilst it will cost your trust slightly more because the government reimburses them less for the first 6 weeks it should make no difference to you.

Most important bit is you know the deadline for claiming MA and don’t let them fib your off. Mine tried to tell me my previous trust should pay my OMP because I was working there for the qualifying period. Umm no.

I should add that these rules are not the NHS’s fault - it’s the government. But in my experience they are bad at understanding and implementing them leaving people worse off

@ThatWouldBeEnough I’ve been told to go to old trust too! I don’t work there (or only do vaguely).

Can I claim MA already? My boss hasn’t passed on any mat leave dorms and im almost 26 weeks.

You claim for MA yourself not through your employer abs can claim from 26 weeks onwards.

www.gov.uk/maternity-allowance/how-to-claim

I’ll do that this weekend - they said I would need forms from my employer proving why they wouldn’t pay!

@ThatWouldBeEnough

I was in the same position. Worked for one trust until I was 4.5 months and then moved to different trust. You do have to claim MA but you won’t be any worse off if they do their job properly. Mine didn’t and I had to argue and argue for ages to get it.

Let me explain:

You are entitled to

8 x full pay
18 x half pay
13 x MA

Now if you were at one trust they would pay your OMP and SMP through PAYE. You’d get:
6x 90% SMP plus 10% OMP
2 x flat rate SMP topped up to 100% with OMP
18 x flat rate SMP plus 50% OMP
13 x flat rate SMP

Instead you’ll get your MA paid to you direct and you’ll get
8 x flat rate MA topped up to 100% with OMP
18 x flat rate MA plus 50% OMP
13 x flat rate MA

So whilst it will cost your trust slightly more because the government reimburses them less for the first 6 weeks it should make no difference to you.

Most important bit is you know the deadline for claiming MA and don’t let them fib your off. Mine tried to tell me my previous trust should pay my OMP because I was working there for the qualifying period. Umm no.

OP, its definitely crap that changing jobs has made this difference to you but I had no idea how good the maternity pay was in the NHS. I need to change jobs!

On the question of whether you can be rejected by Jobcentre plus for MA if they think your employer should pay. What happens is your employer has to complete an SMP1 form and say on there why you are not entitled to SMP. If JC+ disagree it is referred to HMRC for investigation and that can take weeks. HMRC write to your employer, they have to write twice if they don’t reply. HMRC then make the decision to either make your employer pay or if your employer is not responsible then you receive MA.

You can’t claim MA without the SMP1 but JC+ can chase your employer for that. You also need the MATB1 form.

It happens more than you would think but usually with smaller employers.

I did this, changed trusts at about 15 weeks. Annoyingly i had been on sevondment in trust A part time and working in trust B part time. Trust A offered me a job but the manager at trust B, being the complete cow that she was dragged her feet in references which meant i had to leave trust A whilst i worked my notice at trust B.
Due to the break with Trust A i could not get SMP and had to claim MA. I did my homework and told trust A this but they made me run round speaking to trust B until they finally realised what i was saying was right.
Financially I was no worse off. I still got my nhs mat pay (do you know you can ask for this to be spread over 12 months). It just meant i had 2 separate amounts going in to my bank each month.

@Imnotbent what happens if they take ages working it out? Is it backdated?

I can’t get an smp1until my manager puts the forms in (3 weeks she’s had them) so I’m stuck

Glad you got sorted @Clementine8 I feel like I don’t need this stress!

Yes it can be backdated but you receive no MA while it is looked at. You can claim the MA without the SMP1 and say that your employer hasn't issued it, so don't let that delay you. There is a helpline you can call and also have a look at maternityaction.org.uk

Hey, a lot of people have already posted explaining this but wanted to show solidarity. This exact thing happened to me, changed trusts at 13 weeks. I freaked out when I got the SMP1 saying I didn't qualify for SMP and tried contacting my old trust but you have to have been working there until either your 15th or 25th week I can't remember which.

MA pay rate is exactly the same amount for me as SMP, so other than having to fill in an MA form everything was the same financially. The SMP1 is a letter HR have to send explaining you don't qualify, you send that with your form.

Don't worry about when you apply you can do so pretty late but mine went through and was confirmed in a fortnight, but it will be back dated if it needs to be.

I also agree with those saying it's a ridiculous rule in the NHS. Why can you qualify for continuous service/OMP but not SMP simply by moving trusts when pregnant. Daft! It also seems to cost them more money from what a op said

Appreciate the solidarity! I’m 26 weeks this weekend so it’s on the task list for the weekend.

It’s complicated as I’m technically still with my old trust (bank) but I don’t think they’ll want to pay it. I’m borderline on the earnings as I haven’t had all my hours paid and I’m also only doing minimal shifts. I’m either scraping SMP or £4 short (but due to have a backdated 4% pay rise that would cover it!!)

@NamechangeTTC how did you get on? I'm 36+4 and just had the email back from hr saying I only quality for occupational maternity pay as changed trusts at 9weeks.
Appalled that it's taken them so long to let me know.
Just frantically searching about maternity allowance but interested to find out how things worked out for you if you don't mind sharing

I'm still waiting I'm afraid I needed evidence from all my employers. Hoping to post tonight.

That's awful they've kept you waiting so long

@NamechangeTTC I was shocked, when I changed jobs I checked they recognised NHS continuous service and didn't realise statutory was only regarding your current employer.
I just completed the form and emailed work to complete the SMP1 form and return my MATB1 form.
Really frustrated it's taken them so long to get back to me, I've been after for weeks for something in writing

Same with the policy, it's a nightmare. Really hope you get sorted soon

I'm sorry OP, that must be stressful to be dealing with now! Really hope you manage to get sorted!

OP, its definitely crap that changing jobs has made this difference to you but I had no idea how good the maternity pay was in the NHS. I need to change jobs!

Really? I'm so surprised reading how bad it is! I'm working for HSE (Irish version of NHS) and we get full pay throughout. I would have thought things would be the same over.

This shouldn't be the case if you change jobs from one trust to another. Continuous service does count towards Maternity pay unless you have had a break of longer than 3 or 12 months)can't remember) from the NHS. Were you working directly for the NHS or bank? I was seconded to another trust for four months and my contract ended with my trust. My seconded trust decided to keep me on but I had to take a break and come back on a fixed term contract. I got pregnant in October last year while on secondment and thought I wouldn't qualify for OMP but was told by HR that I did despite taking the break. Have a look on NHS employers. All the information is on there.