Can I get another job after redundancy and still get SMP?!

[Magik01]

Hello! I need some advice please if possible...

I started work with my company 20th November 2017 and have been made redundant on the 17th July 2018 due to the company going insolvent. My baby is due 24th October meaning my qualifying week was 8th-14th July.

I know I’m entitled to SMP from HMRC which I have been told will automatically start 5th August as that’s 11 weeks before the baby is due and I don’t have a say in that start date. However, I’ve been offered a part time job as I don’t want to not work for so long before baby is here else il go out my mind!

I have been told that I can work for another company and receive a wage as well as SMP from HMRC at the same time as long as I don’t receive a wage after my baby is born. Does anyone have any experience with this? And how will it Work tax wise? Will they treat my new job as a second job with me receiving SMP?

It’s all very confusing for someone who wants to continue to work until baby is here!

Thank you :)

You will be entitled to SMA not SMP. SMA is basically the same as SMA except it is all 39 weeks paid at the basic rate without the first 6 weeks paid higher.

You can start a new job between now and October of course - you need to earn you living. Your new job will not affect your entitlement - it will still be SMA not SMP because you have to be not pregnant the day you start a new job to get SMP - but that's fine. You will still be entitled to maternity leave and have the right to return to your job afterwards.

I am not an expert but I thought that doing any paid work during maternity leave caused SMA/SMP payments to stop. I don't believe you can legally combine maternity payments of any kind with paid work. The maternity payments are given so that you can focus on your new baby.

Hi, thanks for the reply. However I have spoken to the Maternity disputes team and because I was employed before I fell pregnant and was still employed during my qualifying week I am entitled to SMP. (This includes the 90% of my wages plus the other 33 weeks at the basic rate). Because my employee is now insolvent and unable to pay me this, HMRC will pay it me instead.

That isn’t really my issue as I know I will begin receiving that on the 5th august. Has anyone else recieved SMP not SMA off HMRC? How is it paid?

Thanks :)

The employer who employed you at the qualifying week has to pay your SMP.
They can work it out as a lump sum and pay it all in one go though.

Hi theblacklist

I’m afraid my employer no longer exists as it has gone insolvent and didn’t have any funds left, hence why all the shops have closed. All the employees did to claim what is owed through the redundancy through the government channels. Hence why HMRC will now take on their role and pay me SMP.

It is ok before the baby is born but if you work for another employer after the baby is born you’ll lose your right to SMP

www.gov.uk/guidance/statutory-maternity-pay-employee-circumstances-that-affect-payment#employee-works-for-another-employer

Hi BakedBeans47!

Thank you for that, that’s what I thought. Do you know if you can still be an employee with the new company when baby is born, just off on maternity leave so holidays still get accrued? Or do I have to give in my notice before baby is here? And do you know if they will class my new job as a second job with it being another form of income (the first being SMP)?

Sorry for all the questions but I’m so stressed about the whole situation! If it was possible to chose when SMP actually started it would be so much easier!

Just to make it clear, I will technically only have one job which is the new one as I have been made redundant from my previous job. I just don’t know whether they will class the SMP from HMRC as another job, if that makes sense?

I’m not sure how it will work for tax. As far as I know you’d be on mat leave and accruing holiday for the new employer yes