maternity allowance confused help

[mrsfossil]

not sure if this is in the right section!

Is anyone out there claiming maternity allowance because they are self employed?
I am a bit worried as i have spoken to the ma people twice but am still not convinced i've beem given the correct info. I run a small business from my own home which dh helps with at weekends and holidays. The ma people have told me that i can't physically work while claiming but dh and family can run the business for me. When i asked them about the money the business would make while i calim ma they said i could keep that as long as i wasn't doing any actual work myself.

This is great news but i find it hard to believe as who is going to know what i do in my own home?

I am scared i am going to get done with benefit fraud

I find it hard to believe that the govenment it is more concerned by the physical work as appossed to paid work.

help

I think what they're trying to say is just because your self-employed whilst your on ML your business doesn't have to close down. However, you can't be involved in it's running in anyway (ie you are actually on leave) so it's okay for you to receive a share of the profits from the company whilst you are on maternity leave - but not for you to draw a wage from it.

Because my business is so small i don't actually pay myself a wage I just take what ever money is made.

do you pay NI contributions? I'm confused about this for me too, I think that because I don't earn enough to pay NI, I'm not entitled to anything at all (even though I paid full NI til for 15 years until 2007!!)

I haven't paid any NI in 2008 or 2009 and qualified for MA.... Run a small business (Ltd company though so not Self Emp)

HOWEVER it is different for SE. Have copied from DWP website at the bottom of the post- I think you will need to phone them to check your eligibility.

mrsfossil - it is the same for me as long as I'm not working I get MA....

PS If anyone needs help with MA I now know all the ins and outs for directors running a ltd company and for employees....

www.dwp.gov.uk/advisers/ni17a/ma/index.asp#maelig

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 10 April 2006 treated as earning £120.95
• From 9 April 2007 treated as earning £125.28
• From 7 April 2008 treated as earning £130.20

Jobcentre Plus will ask HM Revenue & Customs to confirm the information you give about your Class 2 NI contributions on your MA claim form.

If you are self-employed and hold a small earnings exception certificate, you will be treated as having earnings equal to the MAT at the end of any week covered by your certificate. This applies even if you pay a class 2 NI contribution for a week which is also covered by the certificate. Send this certificate in with your MA claim form.

wow thanks for all that info - that's great!

been talking to a friend today, we left work at the same time, September 2007 (we did a jobshare), but she works for someone just £50 a week and doesn't pay any tax/insurance etc. When she called up to be self-employed they said she was actually employed as she is given a set amount of work to do a week, can't employ anyone else etc. She told them she wasn't paying any NI/tax and they said that's just because she doesn't earn enough.

So, she has just had a baby and the person she works for has said she is classed as self-employed, she isn't getting a penny. And she has paid NI for at least ten years until 2007.

Is there anything she can do/claim?

Many thanks.

She can claim Maternity Allowance, but will need her employers to give her form SMP1 which tells her why they won't pay her SMP. She needs to do it quickly though or she may lose money.

wriggle

It doesn't actually matter to her employer what her status is - she is below the level where she could claim statutory mat pay so the 'employer' needs to issue an SMP1 saying she doesn't earn enough an she submits this with the MA claim form

Just to add, you are allowed to work for up to 10days payed during the time you are paid MA, these are called 'keeping in touch' days. HTH