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Talk about every stage of pregnancy, from early symptoms to preparing for birth.

Getting SMP if you stay at home with kids

24 replies

Cha · 14/05/2003 16:46

Does anyone know? I have heard that nowadays (thanks to the lovely Gordon) women are entitled to 26 weeks Statutory Maternity Pay of £100 pw. But someone has just told me that in order to qualify for this, you have to have been paying National Insurance contributions for (and this is where I am not sure) 12 weeks before the baby's birth. I am about 17 weeks off the EDD so if this is true, I will have to get a wiggle on. Who do I get in touch with and what do I have to do? Anyone know?

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Freyah · 15/05/2003 22:26

Do you mean that you stay home with your children and are pregnant again?
Or are you pregnant and working? Sorry if I've misunderstood and this is what you meant.
But I've always been under the assumption that to claim SMP you have to be working.
I'm sure someone else will be able to correct me if I'm wrong though.

happyspider · 15/05/2003 22:45

Cha
you maybe entitled to MA (maternity allowance)
found the following on the dwp website:

Maternity Allowance for women expecting babies up to and including 5 April 2003

What is it?

For pregnant women who cannot get Statutory Maternity Pay. MA is paid by the Department for Work and Pensions through the social security or Jobcentre Plus office.

Paid for up to 18 weeks (the Maternity Allowance Period) by order book cashable at a post office or payment direct into bank, building society or National Savings Bank account, or by giro.

Not taxable
Who is entitled?

A woman must have been:

Employed or self employed
Employed or self employed for at least 26 weeks out of the 66 week period running up to and including the week before the week baby is due (the Employment Test)
Earning on average £30 a week or more (the Earnings Test)
Not entitled to get Statutory Maternity Pay from her employer if she has one.
What are the detailed qualifying conditions?

Employment Test

The woman must have been employed or self employed for at least 26 weeks in her test period (the 66 weeks before the week baby is due). The 26 weeks do not have to be in a row and employment for part of a week will count as one week to help satisfy this test.

Earnings test

On average the woman must earn £30 a week or more.

Her average weekly earnings are worked out either:

If her gross earnings from one job in any week are at least equal to the lower earnings limit (LEL) current at the end of that week, and this applies for 13 weeks in her test period, she will be entitled to standard rate MA. These weeks can be any separate weeks and she can choose which weeks to use, or

If the above does not apply, then her earnings can be averaged over any 13 weeks in a row during the test period. She can choose the 13 weeks in a row when she was paid her highest earnings. If she has more than one job or is also self-employed, her earnings from each job and the earnings she is treated as having from self-employment will be added together and divided by 13 to work out the average.
If the woman is self-employed and pays Class 2 contributions, she will be treated as having earnings equal to the lower earnings limit current at the end of the week covered by the Class 2 contribution. If she holds a small earnings exception certificate, she will be treated as earning £30 a week.

Lower earnings limit 6 April 1999 to 5 April 2000 = £66 a week
Lower earnings limit 6 April 2000 to 5 April 2001 = £67 a week
Lower earnings limit 6 April 2001 to 5 April 2002 = £72 a week
Lower earnings limit 6 April 2002 to 5 April 2003 = £75 a week

When does Maternity Allowance start?

If the woman is still working, she can choose when to start getting MA. The earliest she can start getting MA is from the 11th week before the week baby is due. The latest is from the week beginning with the Sunday after the date baby is born. Generally MA will start from the Sunday following the week in which the woman stops work.

If she stopped work before the 11th week (for example was unemployed and getting Jobseeker's Allowance), her MA will start at the 11th week before the week baby is due.

If baby is born early before the beginning of the 11th week before the week baby is due, or before the date the woman chose for her MA to start, MA will start from the Sunday after the date baby is born.

If the woman is off work sick for a pregnancy related reason in the 6 weeks before the week baby is due, then MA will start from the Sunday following the day she was off sick. If the woman is already off work sick for a pregnancy related reason when she reaches the point 6 weeks before the week baby due, her MA will start then.

Anything else to know?

MA cannot be paid for any week the woman works.

If the woman cannot get Statutory Maternity Pay or Maternity Allowance, she may be able to get Incapacity Benefit.This may be paid for 6 weeks before the week baby due and for 14 days after baby born.

If the woman is married to a serviceman overseas and cannot get MA, she may get an ex-gratia payment equivalent to the MA she would have got in the UK. She can apply through her husband's pay office.

How to claim?

A woman should complete and return form MA1 to the social security or Jobcentre Plus office on or after the 14th week before the week baby is due. If she cannot get SMP from her employer, she should get form SMP1 from her employer which explains why she cannot get SMP, and send form SMP1 in as well. She should also send in, with her claim form, her maternity certificate which she gets from her doctor or midwife no earlier than 20 weeks before the baby is due.

happyspider · 15/05/2003 22:45

if you want to know more go to:
www.dwp.gov.uk/gbi/5a594d1.htm

nobby · 15/05/2003 23:12

Sorry, but I'm being thick here. I haven't worked for a year (SAHM) so no NI. I'm pregnant again - due in November. Am I entitled to anything except more child benefit? Does anyone know - and can anyone explain it very simply to me?!

happyspider · 15/05/2003 23:32

as far as I understand it then, Nobby, you are not entitled any maternity pay, but only child benefit since maternity allowance is paid only to women who have been employed or self employed for at least 26 weeks in the 66 weeks before the week baby is due.

Your husband may ask for Child Tax credit though, which is paid on top of child benefit.
if the annual income you have is less than £66,000 per year. This gets paid straight to the wife.

You can request the form on the Inland Revenue website at:
www.money2mummy.co.uk
or you can call 0800 500 222

nobby · 15/05/2003 23:33

Thanks happyspider. Won't cheer my hubby up but now I know.

Katherine · 16/05/2003 12:26

Hmmm. Hadn't thought about this. I am self-employed, working from home, but have been exempted from NI contributions because turnover is low. So not sure where I stand in all this. Also I had a feeling that NI was paid for women who got child benefit. Is that not true? And if it is then does that been you qualify for maternity pay etc?

miriamw · 18/05/2003 22:08

Katharine - If you have a small earnings exemption certificate for NI, then I think that under the maternity allowance rules you are deemed as qualifying. But the form isn't that scary (I've been on a career break with ds1 and have applied for ds2 - was late in getting the application due to my employer being very slow to give me the relevant form, so still waiting!). You get it form your local Jobcentre or I belive that it is online somewhere too.

gingerbabe · 21/05/2003 22:15

I am self employed and am just in the process of completing forms for my maternity allowance. I think if you have been paying NI then you qualify automatically for MA, but if you haven't been paying NI you have to have earned at least £30 a week on average over a 13 week test period (any 13 weeks in the 66 weeks before your due date).

I found my local Social Security Office really helpful, so maybe try getting in touch with them for definitive answers.

Katherine · 21/05/2003 22:22

Finally getting somewhere with this. Apparently if you have an NI exeption certificate then you are deemed as being on the threshold i.e. earning £30 per week which means you only get £27 MA. Bummer. However the lady from SS told me I could backpay 26 weeks of NI class 2 (£52) and this would allow me to qualify properly. If you are self-employed you don't need to give earnings - they just contact Inland Revenue to check you paid the class 2. Not sure how they work out how much you get then. Would be good if it was full £100. Spoke to IR and they weren't clear whether I have to cancel the certificate or just pay voluntary contributions. Said to send in a letter and cheque explaining what I wanted with required dates. Still not totally clear but sounds like I'm going to get something at least....

miriamw · 22/05/2003 11:01

Good luck Katharine - just found out that my claim has been accepted (been battling with getting all the required forms etc agreed since end Jan - ds 2 now 2 weeks old. However at least the claim is backdated, and as I hadn't definitely thought I would get anything I can now treat myself to a new fridge!

Linnet · 22/05/2003 22:18

Someone told me that if you get child benefit your NI contributions are automatically paid for you, or does this only apply when you are a SAHM?
I stayed home for 2 years and assume that my payments were met and I've now been working for nearly 2 years part time but not enough hours a week to pay NI. Will my NI payments still have been paid while I've been working? Anyone know or know of a website where I could find out?

Cha · 26/05/2003 15:19

Katherine - did you speak to your social security office? I have had no luck at all with the Inland Revenue and when I contacted the benefits agency as someone instructed, they helpfully referred me straight back to the Inland Revenue! I am self employed but as I earn so little (less than the £4900 or so you are allowed to earn per year before taxing) I have never made it official. Your ss lady seems to have answered my question - that you can backdate 26 weeks small earnings NI contributions - but HOW DO YOU DO IT? No one will tell me!

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morocco · 27/05/2003 00:34

this isn't very helpful cos I can't remember all the details but have you tried contacting the National Insureance Contributions people in Newcastle? I think that if you are a sahm you are 'credited' with those weeks:years for your pension but they do not count towards other benfits like smp. To get those you have to pay class 1 (which you pay if you are working) or class 2 contributions (are these for self eployed?)

Katherine · 27/05/2003 09:01

Cha it took me ages to get through to IR and they weren't very helpful. Told me that what the SS lady said was correct but couldn't tell me if I needed to cancel my execption certificate or if I should should pay voluntary although thought it would be the latter. I was told to put it in writing and send it to IR and they would sort it all out. Once that is done you can complete the MA forms and take them back to SS who just contact IR to confirm you've paid. From what other people have said though I doubt it will be that straight forward.....

Cha · 01/06/2003 22:24

Katherine - how's it going? Any more news on what to do???

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Katherine · 02/06/2003 09:17

Sorry Cha - bank account a bit low so not actually got around to sending my cheque to the IR yet. Must get on with it though. Time is ticking on.....

Cha · 02/06/2003 10:39

What - exactly - did you have to do? I have been given the run around by everyone and it's doing my head in. All I want to do is declare that I am self employed but have small earnings (less than the £4900 you are allowed before you get taxed) and that I want to backdate by NI contributions 26 weeks so that I am eligible for SMP. My baby is due in 14 weeks. Please help - you are the only person in my little world that is telling me anything of use at the moment!

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Katherine · 02/06/2003 13:17

Cha- we sound in pretty much the same boat, except that my baby is due in 10 weeks!

All I know is that the woman from SS told me I could backdate my MI contricutions but had to do it before I started maternity leave. I phoned the IR to find out if that meant cancelling my small earnings exemption or whether the backdated contributions would be counted as voluntary. The woman I spoke to said she thought they would be voluntary but wasn't sure and that I should send my cheque to IR along with a cover latter explaining what I wanted to do. Thats as far as I got. My income has slowed down lately so I haven't got the spare £50 odd to send off so trying to get a bit of invoicing down (but distracted by all the cloth nappy websites instead) so I can send them off and see what happens. Will keep you updated on any progress.

Katherine · 09/06/2003 14:46

Cha - just spoke to lovely and helpful chap called Mark at IR. Told me just need to send cheque for £52 (thats 26 weeks class2) made to Inland Revenue with name address and NI number on back and covering letter explaining that I want to backpay to qualify for maternity allowance having been self-employed and exempted during test period. Send it to: Self-Employment Services, Inland Revenue, National Insurance Contrbutions Office, Benton Park View, Newcastle-upon-Tyne, NE98 1ZZ.

Apartently that is all there is to it although I have yet to beleive that. We can then send off the maternity allowance form. HTH

Cha · 09/06/2003 14:55

I actually got to speak to a human being at the IR too - what I have been told to do is backpay £34 (16 weeks worth, though told them I'd first gone self employed back in Dec... so don't really know how they got that amount) and then pay by direct debit the £8-10 pcm from now on in. Just this minute posted the whole lot off. Hopefully that'll work, though what you've been told sounds much simpler. It is all getting a bit close for comfort for me - baby due in 13 weeks...
Keep me informed on how you go!

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Katherine · 10/06/2003 14:07

Cha - just sorted out my letter. Did you send your exemption certificate and did you check the box for voluntary contributions if so?

Thanks

Katherine · 10/07/2003 15:45

Cha - have you heard anything yet? Not even had a letter confirming receipt of my application which is worrying. I'm meant to be "on leave" now but daren't stop working until I know I'm going to get some dosh anyway. Just wondered if you had heard anything yet.

Katherine · 10/07/2003 15:46

Cha - have you heard anything yet? Not even had a letter confirming receipt of my application which is worrying. I'm meant to be "on leave" now but daren't stop working until I know I'm going to get some dosh anyway. Just wondered if you had heard anything yet.

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