Maternity allowance help

[Cupcakey]

Hi, I'm hoping someone can help me...
I've worked for the same (very small company) for around a year and a half. I am currently pregnant, working 16 hours a week.
I've never had a contract, I don't receive wage slips, my employer has informed me they don't pay NI or tax for me as I don't earn enough. HMRC have not been informed either.
I feel totally shafted!! Should I have informed HMRC never been in this situation before. They've said they won't pay me maternity pay (I don't get sick pay either) but I do get holiday pay.
I was hoping to claim maternity allowance but I'm not sure I'm eligible. My due date is 6th Jan currently just over 22 weeks preg. Worried to ring HMRC for advice incase I get in trouble!
Any advice greatly appreciated x

Hey OP what a terrible situation when you're pregnant.

I think you should still be on HMRC records even if you're not paying tax due to low wages, as the company should have still registered you etc when you started working there.

I worked a job earning only around £500 a month once and even though I didn't have to pay tax I still had NI deducted from my wages, but it's was only £2/3 a month.

Does your employer pay you in cash or into your bank account?

I had to phone HMRC when I was pregnant and wasn't sure if I was entities to SMP or maternity allowance and they was very very helpful.

If you thought they was doing everything legit, and they've paid you into your account rather than cash in hand I don't think you will be in any trouble, but they still could get into trouble with HMRC

Hi, thank you for the reply I'm so stressed over this it's awful. They pay my wages in to my bank so there is a trail so to speak I just thought it was down to the employer to inform HMRC I feel I've been a bit naive! I will give them a ring and see what they say. x

How much do you get paid? If it's £113 or more per week, you should be entitled to SMP. If you work 16 hours a week you should earn that??

www.citizensadvice.org.uk/work/rights-at-work/parental-rights/maternity-pay-what-youre-entitled-to/

You are also entitled to a written statement of the terms and conditions of your employment, so I suggest you request that.

If you earn less than what's called the Lower Earnings Limit, which is currently I think £113, then your employer doesn't necessarily have to register your employment with HMRC, or pay tax and NI contributions for you.

What they do have to do is give you payslips and also a written statement of particulars of employment, which usually is in the form of a contract.

if you earn little enough that you don't qualify for NI, and that has been the case for a while, then you won't be eligible for SMP or maternity allowance.

It isn't your responsibility to notify HMRC of your employment.

OP, like others have said your weekly earnings are key. Are you earning more than £113 per week? If you're over 25 and working 16 hours per week then you should be.

If you earn less than £113 per week you won't be eligible of statutory maternity pay and your employer should give you an SMP1 form so you can claim maternity allowance.

If they won't do that then there does appear to be something a bit dodgy going on and you should contact HMRC for advice. Good luck.

Thank you everyone that's all really helpful. I'm over 25 and earn more than the £113. I'm on hold to HMRC so hopefully will get something sorted. Could do without this stress ! x

Here is a calculator to work out what you are entitled to. If you are not entitled to SMP your employer must give you a form called SMP1 explaining why you don't meet the qualifying criteria.

Your employer is acting unlawfully. As you earn above the LEL you should be on RTI. In fact, if there any ANY employees earning over the LEL, then ALL need to be included in RTI submissions.

You should have been provided with a contract or statement of employment particulars within 2 months of starting.

They should provide you with a payslip on or before payday.

It is not your responsibility to inform HMRC but it's generally sensible to have an idea of basic requirements from your employer.

I'd suggest an informal meeting explaining you are aware they have not met their obligations and that you would like a contract, all payslips to match salary payments and confirmation they will pay you SMP.

If they refuse I'd suggest contacting ACAS but without a payslip you have no idea if they are paying you correctly. I'm astonished you've been a year without requesting one. It's bizarre you wouldn't expect one.